


*--• -tr- -* VjLmjJM IXi JT***r+* 


>• •/..*»• V, 


■*— 


""V ‘ ■* -»vr»V 


■P—p. 

i 








/ 


! ' _ L _ ’| 


_ \ _-Tr?ini 1* Yt t : r~ _:_ 












/ 



STATE of 
ALABAMA, 


AS ADOPTED BY THE 


Constitutional Convention 

SEPTEMBER 3,1901. 



And in Effect November 28 , 1901 . 

























































> 


/ i 


Hl a rv. 


s. 




t % 


CONSTITUTION 


C 


L M>1. 


of of a 

insure domestic 

■I T M -1 V +2 Air. 


\T IM 


S 


STATE OF ALABAMA, 


AS ADOPTED BY THE 


CONSTITUTIONAL CONVENTION, 

SEPTEMBER 3, 1901, 

AND IN EFFECT 


NOVEMBER 28, 1901. 


MONTGOMERY, ALA.: 
"THE BROWN PRINTING CO. 

1901 . 


* ■ > , 


i .) s » > 

> i > ° > 

>>> 0 

’ » * > i 


> > i > 


> > > 






J i ) ) 







li NOV 1905 

D> of D. 








o 


< <• 

■ 1 


♦ * 

< C k 
4 < 


< 

< l t 
c i 
C c « * 


(. (l* 1 

c 


(04 

4 


< 

I. 1 «r 


< < f 
( 

« < 

< 


t C «.' < 


:' 


t. 

i 

c 


C c " C> ' < 
« c c 

( c < c 






J 


r 

3 


a 


iftk-f 'V 4‘ 






o 


CONSTITUTION OF THE STATE OF ALABAMA. 

1901. 

i . ' i 

M e, the people of the State of Alabama, in order to 
establish justice, insure domestic tranquility and se¬ 
cure the blessing's of liberty to ourselves and our pos¬ 
terity, invoking the favor and guidance of Almighty God, 
do ordain and establish the following Constitution and 
form of government for the State of Alabama : 

ARTICLE I. 

DECLARATION OF RIGHTS. 

That the great, general and essential principles of 
liberty and free government may be recognized and 
established, we declare: 

1. That all men are equally free and independ¬ 
ent; that they are endowed by their Creator with cer¬ 
tain inalienable rights; that among these are life, lib¬ 
erty and the pursuit of happiness. 

2. That all political power is inherent in the people, 
and all free governments are founded on their authority, 
and instituted .for their benefit; and that, therefore, 
they have at all times an inalienable and indefeasible 
right to change their form of government in such man¬ 
ner as they may deem expedient. 

3. That no religion shall be established by law; that 
no preference shall be given by law to any religious sect, 
society, denomination or mode of worship; that no one 
shall be compelled by law to attend any place of wor¬ 
ship; nor to pay any tithes, taxes or other rate for 
building or repairing any place of worship, or for main¬ 
taining any minister or ministry; that no religious test 
shall be required as a qualification to any office or pub¬ 
lic trust under this State; and that the civil rights, 
privileges and capacities of any citizen shall not be in 
any manner affected by his religious principles. 

4. That no law shall ever be passed to curtail or re¬ 
strain the liberty of speech or of the press; and any 
person may speak, write and publish his sentiments on 


4 

all subjects, being responsible for tlie abuse of that lib¬ 
erty. 

5. That the people shall be secure in their persons, 
houses, papers and possessions from unreasonable seiz¬ 
ure . or searches, and that no warants shall issue to 
search any place or to seize any person or thing without 
probable cause, supported by oath or affirmation. 

6. That in all criminal prosecutions, the accused has 
a right to be heard by himself and counsel or either; to 
demand the nature and cause of the accusation; and to 
have a copy thereof; to be confronted by the witnesses 
against him ; to have compulsory process for obtaining 
witnesses in his favor; to testifv in all cases, in his own 
behalf, if lie elects so to do; and, in all prosecutions by 
indictment, a speedy, public trial, by an impartial jury 
of the county or district in which the offense was com¬ 
mitted; and he shall not be compelled to give evidence 
against himself, nor be deprived of life, liberty or 
property, except by due process of law; but the Legis¬ 
lature may, by a general law, provide for a change of 
venue at the instance of the defendant in all prosecu¬ 
tions by indictment, and such change of venue on appli¬ 
cation of the defendant, may be heard and determined 
without the personal presence of the defendant so apply¬ 
ing therefor; provided, that at the time of the applica¬ 
tion for the change of venue, the defendant is imprison¬ 
ed in jail or some legal place of confinement. 

7. That no person shall be accused or arrested, or 
detained except in cases ascertained by law, and ac¬ 
cording to the form which the same has prescribed; and 
no person shall be punished but by virtue of a law es¬ 
tablished and promulgated prior to the offense and 
legally applied. 

8. That no person shall, for any indictable offense, 
be proceeded against criminally, by information, except 
in cases arising in the militia and volunteer forces when 
in actual service, or when assembled under arms as a 
military organization, or, by leave of the court, for mis¬ 
feasance, misdemeanor, extortion and oppression in 
office, otherwise than is provided in the Constitution; 
provided, that in cases of misdemeanor, the Legislature 
may by law dispense with a Grand Jury and author¬ 
ize such prosecutions and proceedings before Justices 


5 


) 


of the Peace or such other inferior courts as may he by 
law established. 

h. That no person shall, for the same offense, be 
twice put in jeopardy of life or limb; but courts may, 
for reasons fixed by law, discharge juries from the con¬ 
sideration of any case, and no person shall gain an ad¬ 
vantage by reason of such discharge of the jury. 

10. That no person shall be barred from prosecuting 
or defending before any tribunal in this State, by him¬ 
self or counsel, any civil cause to which he is a party. 

11. That the right of trial by jury shall remain in¬ 
violate. 

12. That in all prosecutions for libel or for the pub¬ 
lication of papers investigating the official conduct of 
officers or men in public capacity, or when the matter 
published is proper for public information, the truth 
thereof may be given in evidence; and that in all in¬ 
dictments for libel, the jury shall have the right to de¬ 
termine the law and the facts under the direction of 
the court. 

13. That all courts shall be open; and that every 
person, for any injury done him, in his lands, goods, 
person or reputation, shall have a remedy by due process 
of law; and right and justice shall be administered with¬ 
out sale, denial or delay. 

14. That the State of Alabama shall never be made 
a defendant in any court of law or equity. 

15. That excessive fines shall not be imposed, nor 
cruel or unusual punishments inflicted. 

Ifi. That all persons shall, before conviction, be 
bailable by sufficient sureties, except for capital offenses, 
when the proof is evident or the presumption great; and 
that excessive bail shall not in any case be required. 

17. That the privilege of the writ of habeas corpus 
shall not be suspended bv the authorities of this State. 

18. That treason against the State shall consist only 
in lowing war against it, or adhering to its enemies, 
giving them aid and comfort; and that no person shall 
be convicted of treason, except on the testimony of two 
witnesses to the same overt act, or his own confession 
in open court. 


I 


I; p I II p 

6 

19. That no person shall be attainted of treason by 
the Legislature; and no conviction shall work corrupt¬ 
ion of blood or forfeiture of estate. 

20. That no person shall be imprisoned for debt. 

21. That no power of suspending laws shall be exer¬ 
cised except by the Legislature. 

22. That no ex post faeto law, nor any law, impair¬ 
ing the obligations of contracts, or making any irrevo¬ 
cable or exclusive grants of special privileges or immuni¬ 
ties, shall be passed by the! Legislature; and every 
grant or franchise, privilege or immunity, shall for¬ 
ever remain subject to revocation, alteration or amend¬ 
ment. 

23. That the exercise of the right of eminent domain 
shall never be abridged nor so construed as to prevent the 
Legislature from taking the property and franchises of 
incorporated companies, and subjecting them to public 
use in the same manner in which the property and fran¬ 
chises of individuals are taken and subjected; but private 
property shall not be taken for, or applied to, public use, 
unless just compensation be first made therefor; nor 
shall private property be taken for private use, or for the 
use of corporations, other than municipal, without the 
consent of the owner; provided, however, the Legis¬ 
lature may by law secure to persons or corporations 
the right of way over the lands of other persons or cor¬ 
porations, and by general laws provide for and regulate 
the exercise by persons and corporations of the rights 
herein reserved; but just compensation shall, in all 
cases, be first made to the owner; and, provided that the 
right of eminent domain shall not be so construed as to 
allow taxation or forced subscription for the benefit of 
railroads or any other kind of corporations, other than 
municipal, or for the benefit of any individual or asso¬ 
ciation. 

24. That all navigable waters shall remain forever 
public highways, free to the citizens of the State and the 
United States, without tax, impost or toll; and that no 
tax, toll, impost or wharfage shall be demanded or re¬ 
ceived from the owner of anv merchandise or commoditv 

• ^ «> 

for the use of the shores or any wharf erected on the 
shores, or in or over the waters, of any navigable stream, 
unless the same be expressly authorized by law 


25. That the citizens have a right, in a peaceable 
manner, to assemble together for the common good, and 
to apply to those invested with the power of govern¬ 
ment for redress or grievances or other purposes, by 
petition, address or remonstrance. 

26. That every citizen has a right to bear arms in 
defense of himself and the State. 

27. That no standing army shall be kept up with¬ 
out the consent of the Legislature, and, in that case, no 
appropriation for its support shall be made for a longer 
term than one year; and the military shall, in all cases, 
and at all times, be in strict subordination to the civil 
power. 

28. That no soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner; 
nor, in time of war, but in a manner to be prescribed 
by law. 

29. That no title of nobility or hereditary distinction, 
privilege, honor or emolument shall ever be granted or 
conferred in this State; and that no office shall be creat¬ 
ed, the appointment to which shall be for a longer time 
than during good behavior. 

30. That immigration shall be encouraged; emigra¬ 
tion shall not be prohibited, and no citizen shall be 
exiled. 

31. That temporary absence from the State shall not 
cause a forfeiture of residence once obtained. 

32. That no form of slavery shall exist in this State; 
and there shall not be any involuntary servitude, other¬ 
wise than for the punishment of crime, of which the 
party shall have been duly convicted. 

33’. The privilege of suffrage shall be protected by 
laws regulating elections, and prohibiting, under ade¬ 
quate penalties, all undue influences from power, brib¬ 
ery, tumult or other improper conduct. 

34. Foreigners who are, or may hereafter become, 
bona fide residents of this State, shall enjoy the same 
rights in respect to the possession, enjoyment and inher¬ 
itance of property, as native born citizens. 

35. That the sole object and only legitimate end of 
government is to protect the citizen in the enjoyment 
of life, liberty and property, and when the government 
assumes other functions, it is usurpation and oppres¬ 
sion. 


I 

B 

36. That this, enumeration of certain rights shall not 
impair or deny others retained by the people; and, to 
guard against any encroachments on the rights herein 
retained, we declare that everything in this Declaration 
of Rights is excepted out of the general powers of giv- 
ernment, and shall forever remain inviolate. 

ARTICLE II. 

STATE AND COUNTY BOUNDARIES. 

37. The boundaries of this State are established and 
declared to be as follows, that is to say: Beginning 
at the point where the thirty-first degree of north 
latitude crosses the Perdido river; thence east, to the 
western boundary line of the State of Georgia; thence 
along said line to the southern boundary line of the 
State of Tennessee; thence west, along the southern 
boundary line of the State of Tennessee, crossing the 
Tennessee river, and on to the second intersection of 
said river by said line; thence up said river to the mouth 
of Big Bear creek; thence by a direct line to the north- 
west corner of Washington county, in this State, as orig¬ 
inally formed; thence southwardly, along the line of the 
State of Mississippi to the Gulf of Mexico ; thence east- 
wardly, including all islands within six leagues of the 
shore, to the Perdido river; thence up the said river to 
the beginning; provided that the limits and jurisdiction 
of this State shall extend to and include anv other 

e/ 

land and territory hereafter acquired, by contract or 
agreement with other States or otherwise, although 
such land and territory are not included within the 
boundaries hereinbefore designated. 

38. The boundaries of the several counties of this 
State, as they now exist, are hereby ratified and con¬ 
firmed. 

39. The Legislature may by a vote of two-thirds of 
each House thereof arrange and designate boundaries 
for the several counties of this State, which boundar¬ 
ies shall not be altered, except by a like vote; but no 
new county shall be formed hereafter of less extent 
than six hundred square miles, and no existing county 
shall be reduced to less than six hundred square miles ; 
and no new county shall be formed unless it shall con- 


tain a. sufficient number of inhabitants to entitle it to> 
one Representative under the ratio of representation 
existing at the time of its formation, and leave the county 
or counties from which it is taken with the required 
number of inhabitants to entitle such county or 
counties, each, to separate representation; provided, 
that out of the counties of Henry, Dale and Geneva a 
new county of less than six hundred square miles may 
be formed under the provisions of this article, so as to 
leave said counties of Henry, Dale and Geneva with not 
less than five hundred square miles each. 

40. No county line shall be altered or changed, or 
in the event of the creation of new counties shall be 
established, so as to run within seven miles of the countv 
court house of any old county. 

41. No court house or county site shall be re- 
moved except by a majority vote of the qualified elec¬ 
tors of said county, voting at an election held for such 
purpose, and when an election has once been held no 
other election shall he held for such purpose until the 
expiration of four years; provided, that the county site 
of Shelby county shall remain at Columbiana, unless 
removed by a vote of the people, as provided for in 
an act entitled “An Act to provide for the permanent 
location of the county site of Shelby county, Alabama, 
by a vote of the qualified electors of said county/’ ap¬ 
proved the 9th day of February, 1899, and the act amen¬ 
datory thereof, approved the 20th day of February, 
1899, or by an election held under the provisions of 
this article. 


ARTICLE III. 

DISTRIBUTION OF POWERS OF GOVERNMENT. 

12. The powers of the government of the State of 
Alabama shall be divided into three distinct depart¬ 
ments, each of which shall be confided to a separate 
body of magistracy, to-wit: Those which are legislative, 
to one; those which are executive, to another; and those 
which are judicial, to another. 

13. In the government of this State, except in the 
instances in this Constitution hereinafter expressly di~ 


10 


rected or permitted, the legislative department shall 
never exercise the executive and judicial powers, or 
either of them; the executive shall never exercise the 
legislative and judicial powers, or either of them; the 
judicial shall never exercise the legislative and execu¬ 
tive powers, or either of them; to the end that it may 
be a government of laws and not of men. 

ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

44. The legislative power of this State shall be 
vested in a Legislature, which shall consist of a Senate 
and a House of Representatives. 

45. The style of the laws of this State shall be: “Be 
it enacted by the Legislature of Alabama,” which need 
not be repeated, but the act shall be divided into sec¬ 
tions for convenience, according to substance, and the 
sections designated merely by figures. Each law shall 
contain but one subject, which shall be clearly ex¬ 
pressed in its title, except general appropriation bills, 
general revenue bills, and bills adopting a code, digest, 
or revision of statutes; and no law shall be revived, 
amended or the provisions thereof extended or con¬ 
ferred, by reference to its title only; but so much there¬ 
of as is revived, amended, extended, or conferred, shall 
be reenacted and published at length. 

4G. Senators and Representatives shall be elected by 
the qualified electors on the first Tuesday after the first 
Monday in November unless the Legislature shall 
change the time of holding elections, and in every fourth 
year thereafter. The terms of office of the Senators and 
Representatives shall commence on the day after the 
general election at which they are elected,, and expire 
on the day after the general election held in the fourth 
year after their election, except as otherwise provided 
in this Constitution. At the general election in the 
year nineteen hundred and two all the Representaifcves, 
together with the Senators for the even numbered dis¬ 
tricts and for the Thirty-fifth district, shall be elected. 
The terms of those Senators who represent the odd 
numbered districts under the law in force prior to 
the ratification of this Constitution, are herebv ex- 


11 


tended until the day after the general election in 
the year nineteen hundred and six; and until the 
expiration of his terms as hereinbefore extended, 
each such Senator shall represent the district es¬ 
tablished by this Constitution, hearing the number cor¬ 
responding with that for which he was elected • In the 
year nineteen hundred and six, and in every fourth 
year thereafter, all the Senators and Represtntatives 
shall be elected. Whenever a vacancv shall occur in 

t/ 

either House the Governor shall issue a writ of election 
to fill such vacancy for the remainder of the term. 

47. Senators shall be at least twenty-live years of 
age, and Representatives twenty-one years of age at 
the time of their election. They shall have been citi- 
zens and residents of this State for three years and res- 
idents of their respective counties or districts for one 
year next before their election, if such county or dis¬ 
trict shall have been so long established; but if not, 
then of the county or district from which the same 
shall have been taken; and they shall reside in their 
respective counties or districts during their terms of 
office. 

48. The Legislature shall meet quadrennially at the 
Capitol, in the Senate chamber, and in the Hall of the 
House of Representatives, on the second Tuesday in 
January next succeeding their election, or on such other 
day as may be prescribed by law; and shall not remain 
in session longer than sixty days at* the first session 
held under the Constitution, nor longer than fifty days 
at any subsequent session. If at any time it should from 
any cause become impossible or dangerous for the Legis¬ 
lature to meet or remain at the Capitol, or for the Sen¬ 
ate to meet or remain in the Senate chamber, or for the 
Representatives to meet or remain in the Hall of the 
House of Representatives, the Governor may convene 
the Legislature, or remove it, after it has convened, to 
some other place, or may designate some other place for 
the sitting of the respective Houses, or either of them, 
as necessity may require. 

49. The pay of the members of the Legislature shall 
be four dollars per day, and ten cents per mile in going 
to and returning from the seat of government, to be 
computed by the nearest usual route traveled. 


12 


50. Tlie Legislature shall consist of not more 
than thirty-five Senators, and not more than one hun¬ 
dred and five members of the House of Representatives, 
to be apportioned among the several districts and coun¬ 
ties as prescribed in this Constitution; provided that 
in addition to the above number of Representatives, 
each new county hereafter created shall be entitled to 
one Representative. 

51. The Senate, at the beginning of each regular ses¬ 
sion, and at such other times as may be necessary, shall 


elect one of its members president pro tern thereof to 
preside over its deliberations in the absence of the 
Lieutenant Governor; and the House of Representa¬ 
tives, at beginning of each regular session, and at such 
other times as may be necessary, shall elect one of its 
members as Speaker; and the President of the Senate 
and the Speaker of the House of Representatives shall 
hold their offices respectively, until their successors are 
elected and qualified. In case of the temporary disibility 
of either of said presiding officers, the House to which 
lie belongs may elect one of its members to preside over 
that House and to perform all the duties of such officer 
during the continuance of his disabilitv; and such tem- 
porary officer, while performing duty as such, shall re¬ 
ceive the same compensation to which the permanent 
officer is entitled by law, and no other. Each House 
shall choose its own officers and shall judge of the elec¬ 
tion, returns and’qualifications of its members. 

52. A majority of each House shall constitute a 
quorum to do business; but a smaller number may ad¬ 


journ from day to day and compel the attendance of 
absent members, in such manner and under such penal¬ 
ties as each House may provide. 

53. Each House shall have power to determine the 
rules of its proceedings and to punish its members and 
other persons, for contempt or disorderly behavior in 
its presence; to enforce obedience to its processes; 
to protect its members against violence, or offers of 
bribes or corrupt solicitation; and with the concurrence 
of two-thirds of the House, to expel a member, but not a 
second time for the same offense; and the two Houses 
shall have all the powers necessary for the Legislature 
of a free State. 


13 


54. A member of the Legislature, expelled for cor¬ 
ruption shall not thereafter be eligible to either House, 
and punishment for contempt or disorderly behavior 
shall not bar an indictment for the same offense. 

55. Each House shall keep a Journal of its proceed¬ 
ings and cause the same to be published immediately 
after its adjournment, excepting such parts as, in its 
judgment, may require secrecy; and the yeas and nays of 
the members of either House on any question shall, at 
the request of one-tenth of the members present, be 
entered on the Journal. Any member of either House 
shall have liberty to dissent from or protest against any 
act or resolution which he may think injurious to the 
public, or to an individual, and have the reason for his 
dissent entered on the Journal 

56. Members of the Legislature shall, in all cases, 
except treason, felony, violation of their oath of office, 
and breach of the peace, be privileged from arrest dur¬ 
ing their attendance at the session of their respective 
Houses, and in going to and returning from the same; 
and for any speech or debate in either House they shall 
not be questioned in any other place. 

57. The doors of each House shall be opened ex¬ 
cept on such occasion as, in the opinion of the House, 
may require secrecy, but no person shall be admitted to 
the floor of either House while the same is in session, 
except members of the Legislature, the officers and em¬ 
ployes of the two Houses, the Governor and his secre¬ 
tary, representatives of the press, and other persons 
to whom either House, by unanimous vote, may extend 
the privileges of its floor. 

58. Neither House shall, without consent of the 
other, adjourn for more than three days, nor to any 
other place than that in which they may be sitting, ex¬ 
cept as otherwise provided in this Constitution. 

59. No Senator or Representative shall, during the 
term for which lie shall have been elected, be appointed 
to any office of profit under this State, which shall have 
been created, or the emoluments of which shall have 
been increased during such term, except such offices 
as may be filled by election by the people. 

60. No person convicted of embezzlement of the pub¬ 
lic money, bribery, perjury, or other infamous crime, 


14 


shall be eligible to the Legislature, or capable of hold¬ 
ing any office of trust or profit in this State. 

61. No law shall be passed except by bill, and no 
bill shall be so altered or amended on its passage through 
either House as to change its original purpose. 

62. No bill shall become a law until it shall haye 
been referred to a standing committee of each House, 
acted upon by such committee in session, and returned 
therefrom, which facts shall affirmatively appear upon 
the Journal of each House. 

63. Every bill shall be read on three different days 

t/ 

in each House, and no bill shall become a law, unless 
on its final passage it be read at length, and the vote 
be taken by yeas and nays, the names of the members 
voting for and against the same be entered upon the 
Journals, and a majority of each House be recorded 
thereon as voting in its favor, except as otherwise pro¬ 
vided in this Constitution 

64. No amendment to bills shall be adopted except 
by a majority of the House wherein the same is offered, 
nor unless the amendment with the names of those 
voting for and against the same shall be entered at 
length on the Journal of the House in which the same 
is adopted, and no amendment to bills by one House 
shall be concurred in bv the other, unless a vote be 
taken by yeas and nays, and the names of the members 
voting for and against the same be recorded at length 
on the Journal; and no report of a committee of con¬ 
ference shall be adopted in either House, except upon 
a vote taken by yeas and nays, and entered on the Jour¬ 
nal, as herein provided for the adoption of amendments. 

65. The Legislature shall have no power to author¬ 
ize lotteries or gift enterprises for any purposes, and 
shall pass laws to prohibit the sale in this State of lot¬ 
tery or gift enterprise tickets, or tickets in any scheme 
in the nature of a lottery; and all acts, or parts of acts 
heretofore pased by the Legislature of this State, au¬ 
thorizing a lottery or lotteries, and all acts amenda¬ 
tory thereof, or supplemental thereto, are hereby 
avoided. 

66. The presiding officer of each House shall, in the 
presence of the House over which he presides, sign all 
bills and joint resolutions passed by the Legislature, 


15 


after the same shall have been publicly read at length, 
immediately before signing, and the fact of reading 
and signing shall be entered upon the Journal; but the 
reading at length may be dispensed with by a two-thirds- 
vote of a quorum present, which fact shall also be en¬ 
tered on the Journal. 

57. The Legislature shall prescribe by law the num¬ 
ber, duties and compensation of the officers and employes 
of each House, and no payment shall be made from the 
State Treasury or be in any way authorized to any per¬ 
son except to an acting officer or employe elected or 
appointed in pursuance of law. 

68. The Legislature shall have no power to grant 
or to authorize or require any county or municipal 
authority to grant, nor shall any county or municipal 
authority have power to grant any extra compensation, 
fee or allowance to any public officer, servant or em¬ 
ployee, agent or contractor, after service shall have 
been rendered or contract made, nor to increase or 
decrease the fees and compensation of such officers dur¬ 
ing their terms of office: nor shall anv officer of the 
State bind the State to the payment of any sum of 
money but by authority of law; provided this section 
shall not apply to allowances made bv Commissioners' 
Courts or Boards of Revenue to countv officers for ex 
officio services, nor prevent the Legislature from in¬ 
creasing or diminishing at any time the allowance to 
Sheriffs or other officers fore feeding, transferring or 
guarding prisoners. 

69. Ail stationery, printing, paper and fuel used in 
the legislative and other departments of government 
shall be furnished and the printing, binding and dis¬ 
tribution of laws, Journals, department reports, and all 
other printing, binding and repairing and furnishing 
the halls and rooms used for the meeting of the Legisla¬ 
ture and its committees, shall be performed under con¬ 
tract, to be given to the lowest responsible bidder below 
a maximum price, and under such regulations as shall 
be prescribed by law; no member or officer of any de¬ 
partment of the government shall be in any way inter¬ 
ested in such contract, and all such contracts shall be 
subject to the approval of the Governor, Auditor and 
Treasurer. 


16 


70. All bills for raising revenue shall originate in 
the House of Representatives. The Governor, Auditor 
and Attorney General shall, before each regular session 
of the Legislature, prepare a general revenue bill to 
be submitted to the Legislature, for its information, 
and the Secretary of State shall have printed for the 
use of the Legislature a sufficient number of copies of 
the bill so prepared which the Governor shall trans¬ 
mit to the House of Representatives as soon as organ¬ 
ized, to be used or dealt with as that House may elect. 
The Senate may propose amendment s to revenue bills. 
No revenue bill shall be passed during the last five days 
of the session. 

71. The general appropriation bill shall embrace 
nothing but appropriations for the ordinary expenses 
of the Executive, Legislative and Judicial departments 
of the State, for interest on the public debt, and for the 
publis schools. The salary of no officer or employe 
shall be increased in such bill, nor shall any appropria¬ 
tion be made therein for any officer or employe unless 
his employment and the amount of his salary have al¬ 
ready been provided for by law. All other appropria¬ 
tions shall be made by separate bills, each embracing 
but one subject. 

72. No money shall be paid out of the Treasury 
except upon appropriations made by law, and on war¬ 
rant drawn by the proper officer in pursuance thereof; 
and a. regular statement and account of receipts and 
expenditures of all public moneys shall be published an¬ 
nually, in such manner as may be by law directed. 

73. No appropriation shall be made to any charit¬ 
able or educational institution not under the absolute 
control of the State, other than normal schools estab¬ 
lished by law for the professional training of teachers 
for the public schools of the State, except by a 
vole of two-thirds of all the members elected to each 
House. 

7-1. No act of the Legislature shall authorize the 
investment of any trust fund by executors, administra¬ 
tors, guardians or other trustees in the bonds or stock 
of any private corporation; and any such acts now 
existing are avoided, saving investments heretofore 
made. 


17 


7o. The power to change the venue in civil and 
criminal causes is vested in the courts, to be exercised in 
such manner as shall be provided by law. 

7b. When the Legislature shall be convened in 
special session, there shall be no legislation upon sub¬ 
jects other than those designated in the proclamation of 
the Governor calling such session, except by a vote of 
two-thirds of each House. Special sessions shall be 
limited to thirty days. 

77. No State office shall be continued or created for 
the inspection or measuring of any merchandise, manu¬ 
facture or commodity, but any county or municipality 
may appoint such officers when authorized by law. 

78. No act of the Legislature changing the seat of 
government of the State shall become a law until the 
same shall have been submitted to the qualified electors 
of the State at a general election, and approved by a 
majority of such electors, voting on the same; and such 
act shall specify the proposed new location. 

79. A member of the Legislature who shall solicit, 
demand or receive, or consent to receive, directly or in¬ 
directly, for himself or for another, from any company, 
corporation, association or person, any money, office, 
appointment, employment, reward, thing of value, or 
enjoyment, or of personal advantage or promise thereof, 
for his vote or official influence, or for withholding the 
same; or with an understanding, expressed or implied, 
that his vote or official action shall be in any way in¬ 
fluenced thereby; or who shall solicit or demand any 
such money or other advantage, matter or thing afore¬ 
said, for another as the consideration for his vote or 
influence, or for withholding the same; or shall give 
or withhold his vote or influence in consideration of the 
payment or promise of such money, advantage, matter 
or thing to another, shall be guilty of bribery within the 
meaning of this Constitution; and shall incur the dis¬ 
abilities and penalties provided thereby for such of¬ 
fense, and such additional punishment as is or shall be 
provided by law. 

80. Any person who shall, directly or indirectly, 
offer, give or promise any money, or thing of value, tes¬ 
timonial, privilege or personal advantage, to any exec¬ 
utive or judicial officer or member of the Legislature 

2 


L8 


to influence him in the performance of any of his public 
or official duties, shall be guilty of bribery, and be pun¬ 
ished in such manner as may be provided by law. 

81. The offense of corrupt solicitation of members 
of the Legislature or of public officers of this State 
or of any municipal division thereof, and any occupa¬ 
tion or practice of solicitation of such members or 
officers, to influence their official action, shall be defined 
by law, and shall be punished by fine and imprisonment 
in the penitentiary; and the Legislature shall provide 
for the trial and punishment of the offenses enumerated 
in the two preceding sections, and shall require the 
Judges to give the same specially in charge to the Grand 
Juries in all the counties of this State. 

82. A member of the Legislature who has a per¬ 
sonal or private interest in any measure or bill pro¬ 
posed or pending before the Legislature, shall disclose 
the fact to the House of which he is a member, and 
shall not vote thereon. 

83. In all elections by the Legislature the mem¬ 
bers shall vote viva voce, and the votes shall be entered 
on the Journal. 

84. It shall be the duty of the Legislature to pass 
such laws as may be necessary and proper to decide 
differences by arbitrators to be appointed by the par¬ 
ties who may choose that mode of adjustment. 

85. It shall be the duty of the Legislature, at its 
first session after the ratification of this Constitution, 
and within every subsequent period of twelve years, 
to make provision by law for revising, digesting and 
promulgating the public statutes of this State, of a 
general nature, both civil and criminal. 

80. The Legislature shall pass such penal laws as 
it may deem expedient to suppress the evil practice 
of dueling. 

87. It shall be the duty of the Legislature to reg¬ 
ulate by law the cases in which deduction shall be made 
from the salaries or compensation of public officers 
for neglect of duty in their official capacities, and the 
amount of such deduction. 

88. It shall be the duty of the Legislature to re¬ 
quire the several counties of this State to make adequate 
provision and maintenance of the poor. 


19 


89. Tlie Legislature shall not have power to au¬ 
thorize any municipal corporation to pass any laws 
inconsistent with the general laws, of this State. 

90. In the event of the annexation of any foreign 
territory to this State, the Legislature shall enact laws 
extending to the inhabitants of the acquired territory 
all the rights and privileges which may be required by 
the terms of acquisition not inconsistent with this 
Constitution. Should the State purchase such foreign 
territory, the Legislature, with the approval of the Gov¬ 
ernor, shall be authorized to expend any money in the 
Treasury not otherwise appropriated, and, if necessary, 
to provide also for the issuance of State bonds, to pay for 
the purchase of such foreign territory. 

91. The Legislature shall not tax the property, real* 
or personal, of the State, counties or other municipal cor¬ 
porations, or cemeteries ; nor lots in incorporated cities 
or towns, or within one mile of any city or town to the 
extent of one acre, nor lots one mile or more distant 
from such cities or towns to the extent of five acres, 
with the buildings thereon, when same are used exclus¬ 
ively for religious worship, for schools or for purposes 
purely charitable. 

92. The Legislature shall by law prescribe such 
rules and regulations as may be necessary to ascertain 
the value of real and personal property exempted from 
sale under legal process by this Constitution, and to 
secure the same to the claimant thereof as selected. 

93. The State shall not engage in works of internal 
improvement, nor lend money or its credit in aid of 
such; nor shall the State be interested in any private 
or corporate enterprise, or lend money or its credit 
to any individual, association or corporation. 

94. The Legislature shall not have power to au¬ 
thorize any county, city, town, or other subdivision of 
this State to lend its credit, or to grant public money 
or thing of value in aid of, or to, any individual, asso¬ 
ciation or corporation whatsoever, or to become a stock¬ 
holder in any such corporation, association or company, 
by issuing bonds or otherwise. 

95. There can be no law of this State impairing the 
obligation of contracts by destroying or impairing the 
remedy for their enforcement; and the Legislature shall 


20 


have no power to revive any right or remedy which may 
have become barred by lapse of time, or by any statute 
of this State After suit has been commenced on any 
cause of action, the Legislature shall have no power 
to take away such cause of action, or destroy any ex¬ 
isting defense to such suit. 

90. The Legislature shall not enact any law not 
applicable to all the counties in the State, regulating 
costs and charges of courts, or fees, commissions or 
allowances of public officers. 

97. The Legislature shall not authorize payment to 
any person of the salary of a deceased officer beyond the 
date of his death. 

98. The Legislature shall not retire any officer 
•on pay, or part pay, or make any grant to such retiring 
officer. 

99. Lands belonging to or under the control of the 
State shall never be donated directly or indirectly to 
private corporations, associations or individuals, or 
railroad companies; nor shall such lands be sold to 
corporations or associations for a less price than that 
for which they are subject to sale to individuals; pro¬ 
vided, that nothing contained in this section shall 
prevent the Legislature from granting a right of 
way, not exceeding one hundred and twenty-five feet 
in width, as a mere easement, for railroads or telegraph 
or telephone lines across State land, and the Legis¬ 
lature shall never dispose of the land covered by such 
right of way except subject to such easement. 

100. No obligation or liability of any person, associa¬ 
tion or corporation held or owned by this State, or by any 
county or other municipality thereof, shall ever be 
remitted, released or postponed, or in any way dimin¬ 
ished, by the Legislature; nor shall such liability or 
obligation be extinguished except by payment thereof; 
nor shall such liability, or obligation be exchanged or 
transferred except upon payment of its face value; 
provided, that this section shall not prevent the Legis¬ 
lature from providing by general law for the compro¬ 
mise of doubtful claims. 

101. No State or county official shall, at any time 
during his term of office, accept, either directly or indi¬ 
rectly, any fee, money, office, appointment, employment. 


21 


reward or tiling of value, or of personal advantage, 
or the promise thereof, to lobby for or against any meas¬ 
ure pending before the Legislature, or to give or with¬ 
hold his influence to secure the passage or defeat of any 
such measure. 

102. The Legislature shall never pass any law to 
authorize or legalize any marriage between any white 
person and a negro or descendant of a negro. 

103. The Legislature shall provide by law for the 
regulation, prohibition, or reasonable restraint of com¬ 
mon carriers, partnerships, associations, trusts, mo¬ 
nopolies, and combinations of capital, so as to prevent 
them or anv of them from making scarce articles of ne- 
cessitv, trade or commerce, or from increasing unrea¬ 
sonably the cost thereof to the consumer, or prevent- 
ingreasonable competition in any calling, trade or busi¬ 
ness. 

LOCAL LEGISLATION. 

104. The Legislature shall not pass a spe¬ 
cial, private or local law in any of the following 
cases: 

(1.)—Granting a divorce; 

(2.)—Relieving anv minor of the disabilities of non- 
age; 

(3.)—Changing the name of any corporation, asso¬ 
ciation or individual. 

(4.)—-Providing for the adopting or legitimizing of 
anv child; 

(5.)—Incorporating a city, town or village; 

(6.)—Granting a charter to any corporation, associa¬ 
tion or individual; 

(7.)—Establishing rules of descent or distribution; 

(8.)—Regulating the time within which a civil or 

criminal action may be begun; 

(9.)—Exempting any individual, private corporation 
or association from the" opera! ion of any general law; 

I 10.)—Providing for the sale of the property of any 
individual or estate; 

Ml.)—Changing or locating a county seat; 

(12.)—Providing for a change of venue in any case; 

(13.)—Regulating the rate of interest; 

( 14 .)—Fixing the punishment of crime. 









22 


(15.)—Regulating either the assessment or collection 
of taxes, except in connection with the readjustment* 
renewal, or extension of existing municipal indebted¬ 
ness created prior to the ratification of the Constitution 
of eighteen hundred and seventy-five; 

(16.)—Giving effect to an invalid will, deed or other 
instrument; 

(17.)—Authorizing any county, city, town, village, 
district or other political subdivision of a county, to 
issue bonds or other securities unless the issuance of 
said bonds or other securities shall have been author¬ 
ized before the enactment of such local or special law, by 
a vote of the duly qualified electors of such county, 
township, city, town, village, district or other political 
subdivision of a county, at an election held for such pur- 
psoe, in the manner that may be prescribed by law; pro¬ 
vided, the Legislature may without such election, pass 
special laws to refund bonds issued before the date of 
the ratification of this Constitution; 

(18.)—Amending, confirming or extending the charter 
of any private municipal corporation, or remitting the 
forfeiture thereof; provided, this shall not prohibit the 
Legislature from altering or re-arranging the bound¬ 
aries of the city, town or village; 

(19.)—Creating, extending or impairing any lien; 

(20.)—Chartering or licensing any ferry, road or 
bridge; 

(21. )—Increasing the jurisdiction and fees of Justices 
of the Peace or the fees of Constables; 

(22.)—Establishing separate school districts; 

(23.)—Establishing separate stock districts; 

(24.)—Creating, increasing or decreasing fees, per¬ 
centages or allowances of public officers; 

(25.)—Exempting property from taxation or from 
levy or sale; 

(26.)—Exempting any person from jury, road or other 
civil duty; 

(27.)—Donating any lands owned by or under control 
of the State to any person or corporation; 

(28)—Remitting fines, penalties or forfeitures. 

29.)—Providing for the conduct of elections, or desig¬ 
nating places of voting, or changing the boundaries of 
wards, precincts or districts, except in the event of the 





23 


organization of new counties, or the changing of the 
lines of old counties; 

(30.)—Restoring the right to vote to persons con¬ 
victed of infamous crimes, or crimes involving moral 
turpitude; 

(31.)—Declaring who shall be liners between pre¬ 
cincts or between counties. 

104. The Legislature shall pass general laws for the 
cases enumerated in this section, provided that nothing 
in this section or article shall affect the right of the 
Legislature to enact local laws regulating or prohibit¬ 
ing the liquor traffic; but no such local law shall be en¬ 
acted unless notice shall have been given as required in 
Section 106 of this Constitution. 

105. No special, private or local law, except a law 
fixing the time of holding courts, shall be enacted in 
any case which is provided for by a general law, or 
when the relief sought can be given by any court of 
this State; and the Courts, and not the.Legislature, 
shall judge as to whether the matter of said law is 
provided for by a general laAv, and as to whether the 
relief sought can be given by any court; nor shall the 
Legislature indirectly enact any such special, private 
or local law by the partial repeal of a general law. 

106. No special, private or local law shall be passed 
on any subject not enumerated in Section 104 of this 
Constitution, except in reference to fixing the time of 
holding courts, unless notice of the intention to apply 
therefor shall have been published, without cost to the 
State, in the countv or counties where the matter or 
thing to be affected may be situated, which notice shall 
state the substance of the proposed law, and be published 
at least once a week for four consecutive weeks in some 
newspaper published in such county or counties, or if 
there is no newspaper published therein, then by post¬ 
ing the said notice for four consecutive weeks at five 
different places in the county or counties prior to the 
introduction of the bill; and proof by affidavit that said 
notice has been given shall be exhibited to each house of 
the Legislature, and said proof spread upon the Jour¬ 
nal. The courts shall pronounce void every special, 
private or local law which the Journals do not affirma¬ 
tively show was passed in accordance with the provis¬ 
ions of this section. 



24 


107. The Legislature shall not, by a special, private 
or local law, repeal or modify any special, private or 
local law except upon notice being given and shown 
as provided in the last preceding section. 

108. The operation of a general law shall not be 
suspended for the benefit of any individual, private cor¬ 
poration or association; nor shall any individual, pri¬ 
vate corporation or association be exempted from the 
operation of any general law except as in this article 
otherwise provided. 

109. The Legislature shall pass general laws under 
which local and private interests shall be provided for 
and protected. 

110. A general law within the meaning of this arti¬ 
cle is a law which applies to the whole State; a local 
law is a law which applies to any political subdivision 
or subdivisions of the State less than the whole; a spe¬ 
cial or private law within the meaning of this article 
is one which applies to an individual, association or 
corporation. 

111. 1 No bill introduced as a general law in either 
House of the Legislature shall be so amended on its 
passage as to become a special, private or local law. 

ARTICLE V. 

EXEC UTIVE D E PART MEN T. 

112. The Executive Department shall consist of a 
Governor, Lieutenant Governor, Attorney General, 
State Auditor, Secretary of State, State Treasurer, Su¬ 
perintendent of Education, Commissioner of Agricul¬ 
ture and Industries, and a Sheriff for each county. 

lid. The supreme executive power of this State 
shall be vested in a chief magistrate, who shall be 
styled -“The Governor of the State of Alabama.” 

If 4. The Governor, Lieutenant Governor, Attorney 
General, State Auditor, Secretary of State, State Treas¬ 
urer, Superintendent of Education and Commissioner 
of Agriculture and Industries, shall be elected by the 
qualified electors of the State at the same time and 
places appointed for the election of members of the 
Legislature in the year nineteen hundred and two, and 
in every fourth year thereafter. 

115. The returns of every election for Governor, 
Lieutenant Governor, Attorney General, State Auditor, 


25 


Secretary of State, State Treasurer, Superintendent 
of Education and Commissioner of Agriculture and In¬ 
dustries shall be sealed up and transmitted by the re¬ 
turning officers to the seat of government, directed to 
the Speaker of the House of Representatives, who shall, 
during the first week of the session to which such re¬ 
turns shall be made, open and publish them in the 
pres ence of both Houses of the Legislature in joint con¬ 
vention; but the Speaker's duty and the duty of the 
joint convention shall be purely ministerial. The re¬ 
sult of the election shall be ascertained and declared by 
the Speaker from the face of the returns without delay. 
The person having the highest number of votes for any 
one of said offices shall be declared duly elected; but 
if two or more persons shall have an equal and the 
highest number of votes for the same office, the Legis¬ 
lature by joint vote, without delay, shall choose one of 
said persons for said office. Contested elections for 
Governor, Lieutenant Governor, Attorney General, 
State Auditor, Secretary of State, State Treasurer, Su¬ 
perintendent of Education and Commissioner of Agri¬ 
culture and Industries shall be determined by both 
Houses of the Legislature in such manner as may be 

O c/ 

prescribed by law. 

116. The Governor, Lieutenant Governor, Attorney 
General, State Auditor, Secretary of State, State Treas¬ 
urer, Superintendent of Education and Commissioner of 
Agriculture and Industries, elected after the ratification 
of this Constitution, shall hold their respective offices 
for the term of four years from the first Monday after 
the second Tuesday in January next succeeding their 
election, and until their successors shall be elected and 
qualified. After the first election under this Constitu¬ 
tion no one of said officers shall be eligible as his own 
successor; and the Governor shall not be eligible to elec¬ 
tion or appointment to any office under this State, or 
to the Senate of the United States, during his term, and 
within one year after the expiration thereof. 

117. The Governor and Lieutenant Governor shall 
each be at least thirty years of age when elected and 
shall have been citizens of the United States ten years 
and resident citizens of this State at least seven years 
next before the date of their election. The Lieutenant 


26 


Governor shall be ex-officio President of the Senate, 
but shall have no right to vote except in the event of a 
tie. 

118. The Governor, Lieutenant Governor, Attorney 
General, State Auditor, Secretary of State, State Treas¬ 
urer, Superintendent of Education and Commissioner 
of Agriculture and Industries shall receive compensation 
to be fixed bv law, which shall not be increased or dimin- 

ft/ 7 

ished during the term for which they shall have been 
elected, and shall, except the Lieutenant Governor, re¬ 
side at the State Capital during the time they continue 
in office, except during epidemics. The compensation 
of the Lieutenant Governor shall be the same as that 
received by the Speaker of the House, except while 
serving as Governor, during which time liis compensa¬ 
tion shall be the same as that allowed the Governor. 

j 3 9. If the Legislature, at the session next after the 
ratification of this Constitution, shall enact a law in¬ 
creasing the salary of the Governor, such increase shall 
become effective and apply to the first Governor elected 
after the ratification of this Constitution, if the Legis¬ 
lature shall so determine. 

120. The Governor shall take care that the laws be 
faithfully executed. 

121. The Governor may require information in 
writing, under oath, from the officers of the Executive 
Department,named in this article, or created by statute, 
on any subect, relating to the duties of their respective 
offices; and he may at any time require information in 
writing, under oath, from all officers and managers of 
State institutions, upon any subject relating to the con¬ 
dition, management and expenses of their respective 
offices and institutions. Any such officer or manager 
who makes a wilfully false report or fails without suffi¬ 
cient excuse to make the required report on demand, is 
guilty of an impeachable offense. 

122. The Governor may, by proclamation, on ex¬ 
traordinary occasions, convene the Legislature at the 
seat of government, or at a different place if, since 
their last adjournment, that shall have become dan¬ 
gerous from an enemy, insurrection, or other lawless 
outbreak, or from any infectious or contagious disease; 
and he shall state specifically in such proclamation each 


27 


matter concerning which the action of that body is* 
deemed necessary. 

123. The Governor shall, from time to time, give 
to the Legislature information of the state of the gov¬ 
ernment, and recommend for its consideration such 
measures as he may deem expedient; and at the com¬ 
mencement of each regular session of the Legislature, 
and at the close of his term of office, he shall give in¬ 
formation bv written message of the condition of the 
State; and lie shall account to the Legislature, as may 
be prescribed by law, for all moneys received and paid 
out by him or by his order; and at the commencement 
of each regular session he shall present to the Legisla¬ 
ture estimates of the amount of. money required to be 
raised by taxation for all purposes. 

124. The Governor shall have power to remit fines 
and forfeitures, under such rules and regulations as 
may be prescribed hy law; and, after conviction, to 
grant reprieves, paroles, commutations of sentence and 
pardons, except in cases of impeachment. The Attor- 
nev General, Secretarv of State and State Auditor 
shall constitute a Board of Pardons, who shall meet 
on the call of the Governor, and before whom shall be 
laid all recommendations or petitions, for pardon, com¬ 
mutation or parole, in cases of felony; and the Board 
shall hear them in open session, and give their opinion 
thereon in writing to the Governor, after which 
or on the failure of the Board to advise for 
more than sixty days, the Governor may grant 
or refuse the commutation, parol or pardon, as 
to him seems best for the public interest. He 
shall communicate to the Legislature at each 
session every remission of fines and forfeitures, and 
every reprieve, commutation, parole, or pardon, with 
his reasons therefor, and the opinion of the Board of 
Pardons in each case required to be referred, stating 
the name and crime of the convict, the sentence, its 
date, and the date of reprieve, commutation, parole or 
pardon. Pardons in cases of felony and other of¬ 
fenses involving moral turpitude shall not relieve from 
civil and political disabilities, unless approved by the 
Board of Pardons and specifically expressed in the par¬ 
don. 


28 


125. Every bill which shall have passed both Houses 
•of the Legislature, except as otherwise provided in this 
Constitution, shall be presented to the Governor; if he 
approve, he shall sign it; but if not, he shall return it 
with his objections to the House in which it originated, 
which shall enter the objections, at large upon the 
Journal and proceed to reconsider it. If the Governor’s 
message proposes no amendment which would remove 
his objections ito the bill, the House in which the bill 
originated may proceed to reconsider it, and if a ma¬ 
jority of the whole number elected to that House vote 
for the passage of the bill, it shall be sent to the other 
House, which shall in like manner reconsider, and if a 
majority of the whole number elected to that House 
vote for the passage of the bill, the same shall become a 
law, notwithstanding the Governor’s veto. If the Gov¬ 
ernor’s message proposes amendment, which would re¬ 
move his objections, the House to which it is sent may 
so amend the bill and send it with the Governor’s mess¬ 
age to the other House, which may adopt, but cannot 
amend, said amendment; and both Houses concurring 
in the amendment, the bill shall again be sent to the 
Governor and acted on bv him as other bills. If the 

t/ 

House to which the bill is returned refuses to make such 
amendment, it shall proceed to reconsider; and if a 
majority of the whole number elected to that House 
shall vote for (the passege of the bill, it shalLbe sent 
with the objections to the other House, by which it 
shall likewise be reconsidered, and if approved by a 
majority of the whole number elected to that House, 
it shall become a law. If the House to which the bill 
is returned makes the amendment and the other House 
declines to pass the same, that House shall proceed to 
reconsider it, as though the bill had originated therein, 
and such proceedings shall be taken thereon as above 
provided. In every such case the vote of both Houses 
shall be determined by yeas and nays and the names of 
the members voting for or against the bill shall be en¬ 
tered upon the Journals of each House respectively. If 
any bill shall not be returned by the Governor within 
six days., Sunday excepted, after it shall have been 
presented, the same shall become a law in like manner 
as if he had signed it, unless the Legislature bv its 


29 


adjournment, prevent jtlie return, in which case it shall 
not be a law; but when return is prevented by recess, 
such bill must be returned to the House in which it 
originated within two days after the reassembling, other¬ 
wise it shall become a law, but bills presented to the 
Governor within five days before the final adjournment 
of the Legislature may be approved by the Governor 
at any time within ten days after such adjournment, 
and if approved and deposited with the Secretary of 
State within that time shall become law. Every vote, 
order, or resolution to which concurrence of both Houses 
may be necessary, except on questions of adjournment 
and the bringing on of elections, by the two Houses, and 
amending this Constitution, shall be presented to the 
Governor; and, before the same shall take effect, be 
approved by him; or, being disapproved, shall be re- 
passed by both Houses according to the rules and limi¬ 
tations prescribed in the case of a bill. 

126. The Governor shall have power to approve or 
disapprove any item or items of any appropriation bill 
embracing distinct items, and the part or the parts of 
the bill approved shall be the law, and the item or 
items disapproved shall be void, unless repassed ac¬ 
cording to the rules and limitations prescribed for the 
passage of bills over the Executive veto; and he shall 
in writing state specifically the item or items he dis¬ 
approves setting the same out in full in his message, 
but in such case the enrolled bill shall not be returned 
with the Governor’s objection. 

127. In case of the Governor’s removal from office, 
death or resignation, the Lieutenant Governor shall be¬ 
come Governor. If both the Governor and Lieutenant 
Governor be removed from office, die, or resign more 
than sixty days prior to the next general election at 
which anv State officers are to be elected, a Governor and 
Lieutenant Governor shall be elected at such election for 
the unexpired term, and in the event of a vacancy in the 
office, caused by the removal from office, death or resig¬ 
nation of the Governor and Lieutenant Governor, pend¬ 
ing such vacancy and until their successors shall be 
elected and qualified, the office of Governor shall be held 
and administered by either the President pro tern of the 
Senate, Speaker of the House of Representatives, Attor- 


30 


uey General, State Auditor, Secretary of State, or State 
Treasurer iu the order herein named. In case of the 
impeachment of the Governor, his absence from the 
State for more than twenty days, unsoundness, of mind, 
or other disability, the power and authority of the of¬ 
fice shall, until the Governor is acquitted, returns to 
the State, or is restored to his mind, or relieved from 
other disabilitv, devolve in the order herein named, 
upon the Lieutenant Governor, President pro tern of 
the Senate, Speaker of the House of Representatives, 
Attorney General, State Auditor, Secretary of State, 
and State Treasurer. If anv of these officers be under 
any of the disabilities herein specified, the office of 
Governor shall be administered in the order named by 
such of these officers as may be free from such disability. 
If the Governor shall be absent from the State over 
twenty days, the Secretary of State shall notify the 
Lieutenant Governor, who shall enter upon the duties 
of Governor; if both the Governor and Lieutenant Gov¬ 
ernor shall be absent from the State ‘over twenty days, 
the Secretary of State shall notify the President pro 
tern of the Senate, who shall enter upon the duties of 
Governor, and so on, in case of such absence, he shall 
notify each of the other officers named in their order, 
who shall discharge the duties of the office until the 
Governor or other officer entitled to administer the 
■office in succession to the Governor returns. If the 
Governor-elect fail or refuse from any cause to qualify, 
the Lieutenant Governor-elect shall qualify and exer¬ 
cise the duties of Governor until the Governor- elect 
qualifies; and, in the event both the Governor-elect and 
the Lieutenant Governor-elect from any cause fail to 
qualify, the President pro tern of the Senate, the Speaker 
of the House of Representatives, the Attorney General, 
State Auditor, Secretary of State, and State Treasurer 
shall in like manner, in the order named, administer the 
office, until the Governor-elect or Lieutenant Governor- 
elect qualifies. 

128. If the Governor or other officer administering 
the office shall appear to be of unsound mind, it shall 
be the duty of the Supreme Court of Alabama, at any 
regular term, or at any special term, which it is hereby 
authorized to call for that purpose, upon request in writ- 


31 


Ing, verified by their affidavits, if any two of the officers 
named in Section 127 of this Constitution, not next in 
succession to the office of Governor, to ascertain the 
mental condition of the Governor or other officer ad¬ 
ministering the office, and if he is adjudged to be of un¬ 
sound mind, to so decree, a copy of which decree, duly 
certified, shall be filed in the office of the Secretary of 
State; and in the event of such adjudication it shall be 
the dut}^ of the officer next in succession to perform the 
duties, of the office until the Governor or other officer 
administering the office is restored to his mind. If the 
incumbent denies that the Governor or other person 
entitled to administer the office has been restored to 
his mind, the Supreme Court, at the instance of any 
officer named in Section 127 of this Constitution, shall 
ascertain the truth concerning the same, and if the 
officer has been restored to his mind, shall so adjudge 
and file a duly certified copy of its decree with the Sec- 
rtary of State; and in the event of such adjudication, 
the office shall be restored to him. The Supreme Court 
shall prescribe the method of taking testimony and the 
rules of practice in such proceedings, which rules shall 
include a provision for the service of notice of such pro¬ 
ceedings on the Governor or person acting as Governor. 

129. The Lieutenant Governor, President pro tern 
of the Senate, Speaker of the House, Attorney General, 
State Auditor, Secretary of State, or State Treasurer, 
while administering the office of Governor, shall receive 
like compensation as that prescribed by law for the 
Governor, and no other. 

130. No person shall at the same time hold the office 
of Governor and any other office, civil or military, un¬ 
der this State or the United States or any other State or 
government, except as otherwise provided in this Con¬ 
stitution. 

131. The Governor shall be commander in chief of 
the militia and volunteer forces of this State, except 
when they shall be called into the service of the United 
States, and he may call out the same to execute the 
laws, suppress insurrection and repel invasion, but need 
not command in person unless directed to do so by res¬ 
olution of the Legislature; and when acting in the ser¬ 
vice of the United States, he shall appoint his staff, and 
the Legislature shall fix his rank. 


132. No person shall be eligible to the office of Attor- 
eny General, State Auditor, Secretary of State, State 
Treasurer, Superintendent of Education, or Commis¬ 
sioner of Agriculture and Industries, unless he shall 
have been a citizen of the United States at least seven 
years, and shall have resided in this State at least five 
years next preceding his election, and shall be at least 
twenty-five years old when elected. 

133. There shall be a seal of the State which shall 
be used officially by the Governor, and the seal now in 
use shall continue to be used until another shall have 
been adopted by the Legislature. The seal shall be 
called “The Great Seal of the State of Alabama.” 

134. The Secretary of State shall be the custodian 
of the Great Seal of the State, and shall authenticate 
therewith all official acts of the Governor, except his 
approval of laws, resolutions, appointments to office and 
administrative orders. He shall keep a register of the 
official acts of the Governor, and when necessary, shall 
attest them, and lav copies of same, together with copies 
of all papers relative thereto, before either House of the 
Legislature when required to do so, and shall perform 
such other duties as may be prescribed by law. 

135. All grants and commissions shall be issued in 
the name and by the authority of (the State of Ala¬ 
bama, sealed with the Great Seal of the State, signed 
by the Governor and countersigned by the Secretary of 
State. 

136. Should the office of Attorney General, State 
Auditor, Secretary of State, State Treasurer, Superin¬ 
tendent of Education, or Commissioner of Agriculture 
and Industries become vacant from any cause, the Gov- 

t 7 

ernor shall fill such vacancy until the disability is re¬ 
moved or a successor elected and qualified. In case any 
of said officers shall become of unsound mind, such un- 
soundness shall be ascertained by the Supreme Court 
upon the suggestion of the Governor. 

137. The Attorney General, State Auditor, Secretary 
of State, State Treasurer, Superintendent of Education, 
and Commissioner of Agriculture and Industries shall 
perform such duties as may be prescribed by law. The 
State Treasurer and State Auditor shall every year, at 

t f / 

a time fixed by the Legislature, make a full and com- 


33 


plete report to the Governor, showing the receipts and 
disbursements of every character, all claims audited and 
paid out, by items, and all taxes and revenues collected 
and paid into the treasury, and the sources thereof. 
They shall make reports oftener upon any matters per¬ 
taining to their offices, if required by the Governor or 
the Legislature. The Attorney General, State Auditor, 
Secretary of State, State Treasurer and Commissioner 
of Agriculture and Industries shall not receive to their 
use any fees, costs, perquisites of office or other com¬ 
pensation than the salaries prescribed by law, and all 
fees that may be payable for any services performed by 
such officers shall be at once paid into the State Treas¬ 
ury. 

138. A Sheriff shall be elected in each county by 
the qualified electors thereof, who shall hold office for 
a term of four years, unless sooner removed, and he 
shall be ineligible to such office as his own successor; 
provided, that the terms of all Sheriffs expiring in the 
year nineteen hundred and four are hereby extended 
until the time of the expiration of the terms of the other 
executive officers of this State in the year nineteen hun¬ 
dred and seven, unless sooner removed. Whenever any 
prisoner is taken from jail, or from the custody of any 
Sheriff or his deputy, and put to death, or suffers 
grievous bodily harm, owing to the neglect, connivance, 
cowardice or other grave fault of the Sheriff, such 
Sheriff may be impeached under Section 174 of this 
Constitution. If the Sheriff be impeached, and there¬ 
upon convicted, he shall not be eligible to hold any office 
in this State during the time for which he had been 
elected or appointed to serve as Sheriff. 

ARTICLE VI. 

JUDICIAL DEPARTMENT. 

139. The judicial power of the State shall be 
vested in the Senate sitting as a court of impeachment, 
a Supreme Court, Circuit Courts, Chancery Courts, 
Counts of Probate, such courts of law and equity infer¬ 
ior to the Supreme Court and to consist of not more than 
five members, as the Legislature from time to time 

3 


34 


may establish, and such persons as may be by law 
invested with powers of a judicial nature; but no court 
of general jurisdiction, at law or in equity, or both, 
shall hereafter be established iu and for any one county 
having a population of less than twenty thousand, ac¬ 
cording to (the next preceding Federal census, and prop¬ 
erty assessed for taxation at a less valuation than three 

«/ 

million five hundred thousand dollars. 

140. Except in cases otherwise directed in this Con¬ 
stitution, the Supreme Court shall have appellate juris¬ 
diction only, which shall be coextensive with the State, 
under such restrictions and regulations, not repugnant 
to this Constitution, as may from time to time be pre¬ 
scribed by law, except where jurisdiction over appeals 
is vested in some inferior court, and made final therein; 
provided, that the Supreme Court shall have power to 
issue writs of injunction, habeas corpus, quo war¬ 
ranto, and such other remedial and original writs as 
may be necessary to give it a general superintendence 
and control 0 f inferior jurisdictions. 

141. The Supreme Court shall be held at the seat 
of government, but if that shall become dangerous from 
any cause, it may convene at or adjourn to another 
place. 

142. Except as otherwise authorized in this article, 
the Sjtate shall be divided into convenient circuits. 
For each circuit there shall be chosen a judge, who 
shall, for one year next preceding his election and dur¬ 
ing his continuance in office, reside in the circuit for 
which lie is elected. 

143. The Circuit Court shall have original jurisdic¬ 
tion in all matters civil and criminal within -the State 
not otherwise excepted in this Constitution; but in 
civil cases, other than suits for libel, slander, assault 
and battery, and ejectment, it shall have no original 
jurisdiction except where the matter or sum in contro¬ 
versy exceeds fifty dollars. 

144. A Circuit Court, or a court having the juris¬ 
diction of the Circuit Court, shall be held in each countv 

/ t/ 

in the State at least twice in every year, and judges of 
the several courts mentioned in this section may hold 
court for each other when they deem it expedient, and 
shall do so when directed by law. The judges of the sev- 




35 


eral courts mentioned in this.section shall have power 
to issue writs of injunction, returnable to the Courts of 
Chancery, or courts having the jurisdiction of Courts 
of Chancery. 

145. The Legislature shall have power to establish 
a Court or Courts of Chancery, with original and appel¬ 
late jurisdiction, except as otherwise authorized in this 
article. The State 'shall be divided by the Legislature 
into convenient Chancery divisions; each division shall 
be divided into districts, and for each division there 
shall be a chancellor, who shall have resided in the 
division for which he shall be elected or appointed, for 
one year next preceding his election or appointment, 
and shall reside therein during his continuance in 
office. 

146. A Chancery Court, or a court having the juris¬ 
diction of the Chancery Court, shall be held in each dis¬ 
trict, at a place to be fixed by law, at least twice in each 
year, and the chancellors may hold court for each other 
when they deem it necessary, and shall do so when di- 
reefed bv law. 

147. Any county having a population of twenty thou¬ 
sand or more, according to the next preceding Federal 
census, and also taxable property of three million five 
hundred thousand dollars or more in value, according 
to the next preceding assessment, of property for State 
and county taxation, need not be included in any eir- 
cuit or chancery division; but if the value of its taxable 
property shall be reduced below that limit, or if its 
population shall be reduced below that number, the 
Legislature shall include such county in a circuit and 
chancery division or either, embracing more than one 
county. No Circuit or Chancery division shall con¬ 
tain less than three counties, unless there be embraced 
therein a county having a population of twenty thousand 
or more, and taxable property of three million five 
hundred thousand or more in value. 

148. The Legislature may confer upon the Circuit 
Court or the Chancery Court the jurisdiction of both of 
said courts. In counties having two or more courts of 
record, the Legislature may provide for the consolida¬ 
tion of all or any such courts of record, except the Pro¬ 
bate Court, with or without separate divisions, and a 


36 


sufficient number of judges for the transaction of the 
business of such consolidated court. 

149. The Legislature shall have power to establish 
in each county a court of probate, with general jurisdic¬ 
tion of orphan’s business and with power to grant 
letters testamentary and of administration; provided,, 
[that whetnever any court having equity powers has* 
taken jurisdiction of the settlement of any estate, it 
shall have power to do all things necessary for the 
settlement of such estate, including the appointment 
and removal of administrators, executors, guardians 
and trustees, and including action upon the resignation 
of either of them. 

150. The Justices of the Supreme Coupt, Chancel¬ 
lors, and the Judges of the Circuit Courts and other 
courts of record, except Probate Courts shall at stated 
times, receive for their services a compensation which 
shall not be diminished during their official terms; they 
shall receive no fees or perquisites, nor hold any office, 
except judicial offices, of profit or trust under this 
State or the United States, or any other government, 
during the term for which they have been elected or ap¬ 
pointed. 

151. The Supreme Court shall consist of one Chief 
Justice and such number of Associate Justices as may 
be prescribed by law. 

152. The Chief Justice and Associate Justices of the 
Supreme Court, Judges of the Circuit Courts, Judges 
of Probate Courts and Chancellors shall be elected by 
the qualified electors of the State, circuits, counties and 
chancery divisions, for which such courts may be es¬ 
tablished, at such times a>s may be prescribed at law, 
except as herein otherwise provided. 

153. The Judges of such inferior courts of law and 
equity as may be by laAV established, shall be elected 
or appointed in such mode as the Legislature may pre¬ 
scribe. 

154. Chancellors and Judges of all courts of record, 
shall have been citizens of the United States and of 
this State for five years next preceding their election or 
appointment, and shall be not less than twenty-five years 
of age, and, except Judges of Probate Courts, shall be 
learned in the law. 


37 


155. Except as otherwise provided in this article, 
the Chief Justice and Associate Justices of the Su¬ 
preme Court, Circuit Judges, Chancellors, and Judges 
of Prohate, shall hold office for the (term of six years, 
and until their successors are elected or appointed, and 
qualified; and the right of such Judges and Chancellors 
to hold their offices for the full term hereby prescribed 
shall not be affected by any change hereafter made by 
law in any circuit, division or countv, or in the mode or 
time of election. 

156. The Chief Justice and Associate Justices of the 
Supreme Court shall be clioses at an election to be held 
at the time and places fixed by law for the election of 
members of the House of Representatives of the Con¬ 
gress of the United States, until the Legislature shall 
by law change the time of holding such election. The 
term of office of the Chief Justice, who shall be elected 
in the year nineteen hundred and four, shall be as pro¬ 
vided in the last preceding section. The successors of 
two of the Associate Justices elected in the vear nineteen 
hundred and four shall be elected in the vear nineteen 
hundred and six, and the successors of the other two 
Associate Justices elected in nineteen hundred and four 
shall be elected in the year nineteen hundred and eight. 
The Associate Justices of said court elected in the 
year nineteen hundred and four shall draw or cast lots 
among themselves to determine which of them shall 
hold office for the terms ending, respectively, in the 
years nineteen hundred and six and nineteen hundred 
and eight, and until their respective successors are 
elected or appointed and qualified. The result of such 
determination shall be certified to the Governor, bv 
such Associate Justices, or a majority of them, prior to 
the first day of January, nineteen hundred and five, and 
such certificate shall be entered upon the minutes of 
the court. In the event of the failure of said Associate 
Justices to make and certify such determination, the 
Governor shall designate the terms for which they 
shall respectively hold office, as above provided, and 
shall issue his proclamation accordingly. In the event 
of an increase or reduction by law of the number of 
Associate Justices of the Supreme Court, the Legisla¬ 
ture shall, as nearly as may be, provide for the election, 


38 


each second year, of one-third of the members of said 
court. 

157. All judicial officers within their respective juris- 
tions shall, by virtue of their offices, be conservators of 
(the peace. 

158. Vacancies in the office of any of the Justices of the 
Supreme Court'or Judges who hold office by election, 
or Chancellors, of this State, shall be filled by appoint¬ 
ment bv the Governor. The appointee shall hold his 
office until the neix|t general election for any State 
officer held at least six monts after the vacancy oc¬ 
curs, and until his successor is elected and qualified; 
the successor chosen at such election shall hold office 
for the unexpired term and until his successor is elected 
and qualified. 

159. Whenever any new circuit or chancery divis- 
ion is created the Judge or Chancellor therefor shall 
be elected at the next general election for any State 
officer for a term to expire at the next general election 
for Circuit Judges and Chancellors; provided, (that if 
said new circuit or chancery division is created more 
than six months before such general election for any 
State officer, the Governor shall appoint some one as 
Judge or Chancellor, as the case may be, to hold the 
office until such election. 

160. If in any case, civil or criminal, pending in any 
Circuit Court, Chancerv Court, or in any court of gen- 
eral jurisdiction having any part of the jurisdiction 
of a Circuit and a Chancery Court, or either of them 
in this State, the presiding Judge or Chancellor shall, 
for any legal cause, be incompetent to try, hear or- 
render judgment in such case, the parties, or their 
attorneys of record, if it be a civil case, or the solicitor 
or prosecuting officer, and the defendant or defendants, 
if it be a criminal case, may agree upon some disinter¬ 
ested person practicing in the court and learned in the 
law, to act as special judge or chancellor to sit as a court, 
and to hear, decide and render judgment in the same 
manner and to the same effect as such incompetent Chan¬ 
cellor or Judge could have rendered but for such incom¬ 
petency. If the case be a civil one, and the parties or 
their attorneys of record do not agree; or if it be a 
criminal one, and the prosecuting officer and the defend- 


39 


ant or defendants do not agree upon a special Judge or 
Chancellor, or if either party in a civil cause is not rep¬ 
resented in court, the Register in Chancery or the clerk 
of such Circuit or other court in which said cause is 
pending, shall appoint a special Judge or Chancellor, 
who shall preside, try and render judgment as in this 
section provided. The Legislature may prescribe other 
methods for supplying special Judges in such cases. 

161. The Legislature shall have power to provide for 
the holding of Chancery and Circuit Courts, and for the 
holding of courts having the jurisdiction of Circuit and 
Chancery Courts, or either of them, when the Chancellors 
or Judges thereof fail to attend regular terms. 

162. No Judge of any court of record in this State 
shall practice law in any of the courts of this State or 
of the United States. 

163. Registers in Chancery shall be appointed by 
the Chancellors of the respective divisions, and shall 
have been at least twelve months before their appoint¬ 
ment, and shall be at the time of their appointment and 
during their continuance in office, resident citizens of 
the district for which they are appointed. They shall 
hold office for the term for which the Chancellor making 
such appointment was elected or appointed. Such regis¬ 
ters shall receive as compensation for their services only 

' such fees and commissions as may be specifically pre¬ 
scribed by law, which fees shall be uniform throughout 
the State. 

164. The clerk of the Supreme Court shall be ap¬ 
pointed by the Judges thereof, and shall hold office for 
the term of six years; and the clerks of such inferior 
courts as may be established by law shall be selected 
in such manner as the Legislature may provide. 

165. Clerks of the Circuit Court shall be elected by 
the qualified electors in each county for the term of 
six years, and may, when appointed by the Chancellor, 
also fill the office of Register in Chancery. Vacancies 
in such office of clerk shall be filled by the Judge of the 
Circuit Court for the unexpired term. 

166. The clerk of the Supreme Court and registers in 
Chancery may be removed from office bv the Justices of 
the Supreme Court, and by the Chancellors, respectively, 
for cause, to be entered at length upon the minutes of 
the court. 


40 


167. A Solicitor for each Judicial Circuit or other ter- 
ritorial subdivision prescribed by the Legislature, shall 
be elected by the qualified electors of those counties in 
such circuit or other territorial subdivision in which 
such Solicitor prosecutes criminal cases, and such So¬ 
licitor shall be learned in the law, and shall at the time 
of his election and during his continuance in office, re¬ 
side in a county (in the circuit) in which he prosecutes 
criminal cases, or other territorial subdivision for which 
he is elected, and his term of office shall be for four years, 
and he shall receive no other compensation than a salary, 
to be prescribed by law, which shall not be increased 
during the term for which he was elected; provided, that 
this article shall not operate to abridge the term of any 
Solicitor now in office; and, provided further, that the 
Solicitors elected in the year nineteen hundred and four 
shall hold office for six years, and until their successors 
are elected and qualified; and provided further, that the 
Legislature may provide by law for the appointment by 
the Governor or the election by the qualified electors of 
a county of a Solicitor for any county. 

168. In each precinct not lying within, or partly 
within, any city or incorporated town of more than 
fifteen hundred inhabitants, there shall be elected by 
the qualified electors of such precinct not exceeding two 
Justices of the Peace and one Constable. Where one or 
more precincts lie within, or partly within, a city or 
incorporated town having more than fifteen hundred 
inhabitants, the Legislature may provide by law for the 
election of not more than two Justices of the Peace and 
one Constable, for each of such precincts, or an inferior 
court for such precinct or precincts, in lieu of all Jus¬ 
tices of the Peace therein. Justices of the Peace, and 
the inferior courts in this section provided for, shall 
have jurisdiction in all civil cases where the am,ount in 
controversy does not exceed one hundred dollars, except 
in cases of libel, slander, assault and battery, and eject¬ 
ment. The Legislature may provide by law what fees 
may be charged by Justices of the Peace and Constables 
which fees shall be uniform throughout the State. The 
right of appeal from any judgment of a Justice of the 
Peace, or from any inferior court authorized by this sec¬ 
tion, without the prepayment of costs, and also the term 


41 


of office of such Justices, and of the Judges of such in¬ 
ferior courts, and of Notaries Public, shall be provided 
for by law. The Governor may appoint Notaries Public 
without the powers of a Justice of the Peace, and may, 
except where otherwise provided by an act of the Legis¬ 
lature, appoint not more than one Notary Public with 
all of the powers and jurisdiction of a Justice of the 
Peace for each precinct in which the election of Justices 
of the Peace shall be authorized. 

169. In all prosecutions for rape and assault with 
intent to ravish, the court may, in its discretion, exclude 
from the court room all persons, except such as may be 
necessary in the conduct of the trial. 

170. The style of all process shall be “The State 
of Alabama” and all prosecutions shall be carried on in 
the name and by the authority of the same, and shall 
conclude “Against the peace and dignity of the State.” 

171. The Legislature shall have the power to abolish 
any court, except the Supreme Court and the Probate 
Courts, whenever its jurisdiction and functions have 
been conferred upon some other court. 

172. Nothing in this article shall be so construed as 
to abridge the term of office of any officer now in office. 

ARTICLE VII. 

IMPEACHMENTS. 

173. The Governor, Lieutenant Governor, Attorney 
General, State Auditor, Secretary of State, State Treas¬ 
urer, Superintendent of Education, Commissioner of 
Agriculture and Industries and Justices of the Supreme 
Court may be removed from office for wilful neglect of 
duty, corruption in office, incompetency, or intemper¬ 
ance in the use of intoxicating liquors or narcotics to 
such an extent, in view of the dignity of the office and 
importance of its duties, as unfits the officer for the dis¬ 
charge of such duties, or for any offense involving 
moral turpitude while in office, or committed under color 
thereof, or connected therewith, by the Senate sitting 
as a court of impeachment, under oath or affirmation, 
on articles or charges preferred by the House of Repre¬ 
sentatives. When the Governor or Lieutenant-Governor 







42 


is impeached, the Chief Justice, or if he be absent or 
disqualified, then one of the Associate Justices of the 
Supreme Court to be selected by it, shall preside over 
the Senate when sitting as a court of impeachment. If 
at any time when the Legislature is not in session, a 
majority of all the members elected to the House of 
Representatives shall certify in writing to the Secretary 
of State their desire to meet to consider the impeach¬ 
ment of the Governor, Lieutenant- Governor or other 
officer administering the office of Governor, it shall be 
the duty of the Secretary of State immediately to notify 
the Speaker of the House, who shall, within ten days 
after receipt of such notice summon the members of the 
House by publication in some newspaper published at 
the Capitol, to assemble at the Capitol on a day to be 
fixed by the Speaker, not later than fifteen days after 
the receipt of the notice to him from the Secretary of 
State, to consider the impeachment of the Governor, 
Lieutenant Governor or other officer administering the 
office of Governor. If the House of Representatives pre¬ 
fer articles of impeachment, the Speaker of the House 
shall forthwith notify the Lieutenant Governor, unless 
he be the officer impeached, in which event he shall notify 
the Secretary of State, who shall summon, in the man¬ 
ner herein above provided for, the members of the Senate 
to assemble at the Capitol on a day to be named in said 
summons, not later than ten days after receipt of the 
notice from the Speaker of the House, for the purpose 
of organizing as a court of impeachment. The Senate, 
when thus organized, shall hear and try such articles of 
impeachment against the Governor, Lieutenant Gov¬ 
ernor or other officer administering the office of Governor 
as may be preferred by the House of Representatives. 

174. The Chancellors, Judges of the Circuit Courts, 
Judges of the Probate Courts, and Judges of other courts 
from which an appeal may be taken directly to the Su¬ 
preme Court, and Solicitors and Sheriffs, may be re¬ 
moved from office for any of the causes specified in the 
preceding section or elsewhere in this Constitution, by 
the Supreme Court, under such regulations as may be 
prescribed by law. The Legislature may provide for the 
impeachment or removal of other officers than those 
named in this article. 


43 


175. The clerks of the Circuit Courts, or courts of like 
jurisdiction and of Criminal Courts, Tax Collectors, Tax 
Assessors, County Treasurers, County Superintendents 
of Education, Judges of inferior courts created under 
authority of Section 1G8 of this Constitution, Coroners, 
Justices of the Peace, Notaries Public, Constables, and 
all other county officers, Mayors, Intendants and all 
other officers of incorporated cities and towns in this 
State, may be removed from office for any of the causes 
specified in Section 173 of this Constitution, by the Cir¬ 
cuit or other courts of like jurisdiction or a Criminal 
Court of the county in which such officers hold their 
office, under such regulations as may be prescribed by 
law; provided, that the right of trial by jury and appeal 
in such cases shall be secured. 

176. The penalties in cases arising under the three 
preceding sections shall not extend beyond removal from 
office, and disqualifications from holding office, under 
the authority of this State, for the term for which the 
officer was elected or appointed; but the accused shall 
be liable to indictment and punishment as prescribed by 
law. 


ARTICLE VIII. 

SUFFRAGE AND ELECTIONS. 

177. Every male citizen of this State who is a citizen 
of the United States, and every male resident of foreign 
birth, who, before the ratification of this Constitution, 
shall have legally declared his intention to become a citi- 
zen of the United States, 21 years, old or upwards, not 
laboring under any of the disabilities named in this 
article, and possessing the qualifications required by it, 
shall be an elector, and shall be entitled to vote at any 
election by the people ; provided, that all foreigners who 
have legally declared their intention to become citizens of 
the United States, shall, if they fail to become citizens 
thereof at the time they are entitled to become such, 
cease to have the right ito vote until they become such 
citizens. 

178. To entitle a person to vote at any election by 
the people, he shall have resided in the State at least 


44 


two years, in the county one year, and in the precinct 
or ward three months, immediately preceding the elec¬ 
tion at which he offers to vote, and he shall have been 
duly registered as an elector, and shall have paid on or 
before the first day of February next preceding the date 
of the election at which he offers to vote, all poll taxes 
due from him for the year nineteen hundred and one, and 
for each subsequent year; provided, that any elector who, 
within three months next preceding the date of the elect¬ 
ion at which lie offers to vote, has removed from one pre¬ 
cinct or ward to another precinct or ward in the same 
county, incorporated town or city, shall have the right to 
vote in the precinct or ward from which he has so re¬ 
moved, if he would have been entitled to vote in such pre¬ 
cinct or ward but for such removal. 

179. All elections by the people shall be by ballot, 
and all elections by persons in a representative capacity 
shall be viva voce. 

180. The following male citizens of this State, who 
are citizens of the United States, and every male resi¬ 
dent of foreign birth who, before the ratification of this 
Constitution, shall have legally declared his intention to 
become a citizen of the United States, and who shall not 
have had an opportunity to perfect his citizenship prior 
to the twentieth day of December, nineteen hundred and 
two, twenty-one years old or upwards, avIio, if their place 
of residence shall remain unchanged, will have, at the 
date of the next general election the qualifications as to 
residence prescribed in Section 178 of (this Constitution, 
and who are not disqualified under Section 182 of this 
Constitution, shall, upon application, be entitled to reg¬ 
ister as electors prior to the twentieth day of December, 
nineteen hundred and two, namely: 

First—All who have honorably served in the land or 
naval forces of the United States in the war of 1812, or 
in the war with Mexico, or in any war with the Indians, 
or in the war between the States, or in the war with 
Spain, or who honorably served in the land or naval 
forces of the Confederate States, or of the State of 
Alabama in the war between the States; or, 

Second—The lawful descendants of persons who hon¬ 
orably served in the land or naval forces of the United 
States in the war of the American Revolution, or in the 
war of 1812, or in the war with Mexico, or in any war 


45 


with the Indians, or in the Avar between the States,, 
or in the land or naval forces of the Confederate States, 
or of the State of Alabama in the war between the 
States; or, 

Third—All persons who are of good character and 
who understand the duties and obligations of citizen¬ 
ship under a republican form of government. 

181. After the first day of January, niueteen hundred 
and three, the following persons, and no others, who, if 
their place of residence shall remain unchanged, will 
have, at the date of the next general election, the quali¬ 
fications as to residence prescribed in Section 178 of 
this article, shall be qualified to register as electors; pro¬ 
vided, they shall not be disqualified under Section 182 
of this Constitution. 

First—Those who can read and write anv article of 

«/ 

the Constitution of the United States in the English 
language, and who are physically unable to work; and 
those who can read and Avrite any article of the Con¬ 
stitution of the United States in the English language, 
and Avlio have worked or been regularly engaged in 
some lawful employment, business or occupation, trade 
or calling for the greater part of the tAvelve months next 
preceding the time they offer to register; and those who 
are unable to read and Avrite, if such inability is due 
solely to physical disability; or, 

Second—The owner in good faith in his own right, or 
the husband of a woman Avho is the owner in good faith, 
in her own right, of forty acres of land situate in this 
State, upon which they reside; or the owner in good 
faith, in his own right, or the husband of any Avoman 
Avho is the owner in good faith, in her own right, of real 
estate situate in this State, assessed for taxation at the 
value of three hundred dollars or more, or the owner in 
good faith, in his own right, or the husband of a Avoman 
who is the owner in good faith, in her own right, of 
personal property in this State assessed for taxation 
at three hundred dollars or more; provided, that the 
taxes due upon such real or personal property for the 
year next preceding the year in which he offers to reg¬ 
ister shall have been paid, unless the assessment shall 
have been legally contested and is undetermined. 

182. The following persons shall be disqualified 
both from registering and from voting, namely: 


48 


All idiots and insane persons; those who shall by rea¬ 
son of conviction of crime be disqualified from voting 
at the time of the ratification of this Constitution; those 
who shall he convicted of treason, murder, arson, embez¬ 
zlement, malfeasance in office, larceny, receiving stolen 
property, obtaining property or money under false pre¬ 
tenses, perjury, <sobornation of perjury, robbery, assault 
with intent to rob, burglary, forgery, bribery, assault 
and battery on the wife, bigamy, living in adultery, sod¬ 
omy, incest, rape, miscegenation, crime against nature, 
or any crime punishable by imprisonment in the peniten¬ 
tiary, or of any infamous crime or crime involving moral 
turpitude; also, any person who shall be convicted as a 
vagrant or tramp, or of selling or offering to sell his vote 
or the vote of another, or of buying or offering to buy 
the vote of another, or of making or offering to make a 
false return in any election by the people or in any pri¬ 
mary election to procure the nomination or election 
of any person to any office, or of suborning any witness 
or registrar to secure the registration of any person as 
an elector. 

183. No person shall be qualified to vote or parti¬ 
cipate in any primary election, party convention, mass 
meeting or other method of party action of any politi¬ 
cal party or faction, who shall not possess the qualifica¬ 
tions prescribed in this article for an elector, or who 
shall be disqualified from voting under the provisions of 
this article. 

184. No person, not registered and qualified as an 
Elector under the provisions of this article shall vote 
at the general election in nineteen hundred and two, or 
at any subsequent State, county or municipal election, 
general, local or special; but the provisions of this arti¬ 
cle shall not apply to any election held prior to the gen¬ 
eral election in the year nineteen hundred and two. 

185. Any elector whose right to vote shall be chal¬ 
lenged for any legal cause before an election officer 
shall be required to swear or affirm that the matter of 
the challenge is untrue before his vote shall be received, 
and any one who wilfully swears or affirms falsely there¬ 
to shall be guilty of perjury, and upon conviction there¬ 
of shall be imprisoned in the penitentiary for not less 
than one nor more than five years. 


47 


186. The Legislature shall provide by law for the 
registration, after the first day of January, nineteen 
hundred and three, of all qualified electors. Until the 
first day of January, nineteen hundred and (three, all 
electors shall be registered under and in accordance with 
the requirements of this section as follows: 

First—Registration shall be conducted in each county 
by a board of three reputable and suitable persons resi¬ 
dent in (the county, who shall not hold any elective of- 
fice during their term, to be appointed, within sixty 
da vs after the ratification of this Constitution, bv the 
Governor, Auditor and Commissioner of Agriculture and 
Industries, or by a majority of them, acting as a Board 
of Appointment. If one or more of the persons ap¬ 
pointed on such Board of Registration shall refuse, neg¬ 
lect or be unable to qualify or serve, or if a vacancy or 
vacancies occur in the membership of the Board of Reg¬ 
istrars from any cause, the Governor, Auditor and Com¬ 
missioner of Agriculture and Industries, or a majority 
of them, acting as a Board of Appointment, shall make 
other appointments to fill such Board. Each registrar 
shall receive two dollars per day, to be paid by the State, 
and disbursed by the several Judges of Probate, for each 
entire day’s attendance upon the sessions of the Board. 
Before entering upon the performance of the duties of 
his office, each registrar shall take the same oath re¬ 
quired of the judicial officers of the State, which oath 
may be administered by any person authorized by law 
to administer oaths. The oath shall be in writing and 
subscribed by the registrar, and filed in the office of the 
Judge of Probate of the county. 

Second—Prior to the first day of August, nineteen 
hundred and two, the Board of Registrars in each 
county shall visit each precinct at least once and oftener 
if necessary to make a complete registration of all per¬ 
sons entitled to register, and shall remain there at 
least one day from eight o’clock in the morning until 
sunset. They shall give at least twenty days’ notice 
of the time when, and the place in the precinct where 
they will attend to register applicants for registration, 
by bills posted at five or more public places in each 
election precinct, and by advertisement once a week for 
three successive weeks in a newspaper, if there be one 




48 


published in the count} 7 . Upon failure to give such no¬ 
tice, or to attend any appointment made by them in 
any precinct, they shall, after like notice, fill new ap¬ 
pointments therein; but the time consumed by the Board 
in completing such registration shall not exceed sixty 
working days in any county, except that in counties of 
more than nine hundred square miles in area, such 
board may consume seventy-five working days in com¬ 
pleting the registration, and except that in counties in 
which there is anv city of eight thousand or more in- 
habitants, the board may remain in session, in addition 
to the time hereinbefore prescribed, for not more than 
three successive weeks in each of such cities; and there¬ 
after the board may sit from time to time in each of 
such cities not more than one week in each month, and ex¬ 
cept that in the county of Jefferson the board may hold 
an additional session of not exceeding five consecutive 
days duration for each session, in each town or city of 
more than one thousand and less than eight thousand 
inhabitants. No person shall be registered except at 
the county site or in the precinct in which he resides. 
The registrars shall issue to each person registered a 
certificate of registration. 

Third—The board of registrars shall not register any 
person between the 1st day of August, nineteen hundred 
and two, and the Friday next preceding the day of 
election in November, nineteen hundred and two. On 
Friday and Saturday next preceding the day of election 
in November, nineteen hundred and two, they shall sit 
in the court house of each county during such days, and 
shall register all applicants having the qualifications 
prescribed by Section 180 of this Constitution and not 
disqualified under Section 182, who shall have reached 
the age of twenty-one years after the first day of August, 
nineteen hundred and two, or who shall prove to the 
reasonable satisfaction of the board that, by reason of 
physical disability or unavoidable absence from the 
eaunty, they had no opportunity to register prior to the 
first day of August, nineteen hundred and two, and tliev 
shall not on such days register any other persons. When 
there are two or more court houses in a county, the reg¬ 
istrars may sit during such two days at the court house 
they may select, but shall give ten days’ notice, by bills 


49 


posted at each of the court houses, designating the court 
house at which they will sit. 

Fourth—The Board of Registrars shall hold sessions 
at the court house of their respective counties during 
the entire third week in November, nineteen hundred 
and two, and for six working days next prior to the 
twentieth day of December, nineteen hundred and 
tAvo, during which sessions they shall register all persons 
applying who possess the qualifications prescribed in sec¬ 
tion 180 of this Constitution, and who shall not be dis¬ 
qualified under Section 182. In counties Avhere there 
are tAvo or more court houses the Board of Registrars 
shall divide the time equally betAveen them. The Board 
of Registrars shall give notice of the time and place of 
such sessions by posting notices at each court house in 
their respective counties, and at each voting place and 
at three other public places in the county, and by publi¬ 
cation once a Aveek for two consecutive Aveeks in a news¬ 
paper, if one be published in the county; such notices to 
be posted and such publications to be commenced as ear¬ 
ly as practicable in the first AA^eek of November, nine¬ 
teen hundred and two. Failure on the part of the regis¬ 
trars to conform to the provisions of this article as to 
the giving of the required notices shall not invalidate 
any registration made by them. 

Fifth—The Board of Registrars shall have poAver to 
examine under oath or affirmation all applicants for 
registration, and to take testimony touching the quali¬ 
fications of such applicants. Each member of such board 
is authorized to administer the oath to be taken by the 
applicants and Avitnesses, which shall be in the Following 
form, and subscribed by the person making it, and pre¬ 
served by the board, namely: “I solemnly swear (or 

affirm) that in the matter of the application of. 

.for registration as an elector, I 

will speak the truth, the whole truth, and nothing but 
the truth, so help me God.” Any person who upon such 
examination makes any wilfully false statement in ref¬ 
erence to any material matter touching the qualification 
of any applicant for registration shall be guilty of per- 

4 






50 


jury, and upon conviction thereof shall be imprisoned 
in the penitentiary for not less than one nor more than 
five years. 

Sixth—The action of the majority of the Board of 
Registrars shall be the action of the board, and a ma¬ 
jority of the board shall constitute a quorum for the 
transaction of all business. Any person to whom regis¬ 
tration is denied shall have the right of appeal, without 
giving security for costs, within thirty days after such 
denial, by filing a petition in the Circuit Court or court 
of like jurisdiction held for the county in which he seeks 
to register, to have his qualifications as an elector deter¬ 
mined. Upon the filing of the petition the clerk of the 
court shall give notice thereof to any Solicitor author¬ 
ized to represent the State in said county, whose duty 
it shall be to appear and defend against the petition on 
behalf of the State. Upon such trial the court shall 
charge the jury only as to what constituted the qualifi¬ 
cations that entitled the applicant to become an elector 
at the time he applied for registration, and the jury shall 
determine the weight and effect of the evidence and re¬ 
turn a verdict. From the judgment rendered an appeal 
will lie to the Supreme Court in favor of the petitioner, 
to be taken within thirty days. Final judgment in favor 
of the petitioner shall entitle him to registration as of 
the date of his application to the registrars. 

Seventh—The Secretary of State shall, at the expense 
of the State, have prepared and shall furnish to the regis¬ 
trars and judges of probate of the several counties a suffi¬ 
cient number of registration books and of blank forms of 
the oaths* certificates of registration and notices required 
to be given by the registrars. The cost of the publica¬ 
tion in newspapers of the notices required to be given by 
the registrars shall be paid by the State, the bills therefor 
to be rendered to the Secretary of State and approved by 
■him. 

Eighth—Any person who registers for another, or who 
registers more than once, and any registrar who enters 
ithe name of any person on the list of registered voters, 
without such person having made application in person 
under oath on a form provided for that purpose, or 
who knowingly registers any person more than once, 


51 


or who knowingly enters a name upon the registration 
list as the name of a voter, without any one of that 
name applying to register, shall be guilty of a felony, 
and upon conviction thereof shall be imprisoned in the 
penitentiary for not less than one nor more than five 
years. 

187. The Board of Registrars in each county shall, 
on or before the first day of February, nineteen hundred 
and three, or as soon thereafter as practicable, file 
in the office of the Judge of Probate in their county, a 
complete list sworn to by them of all persons registered 
in their county, showing the age of such persons so regis¬ 
tered, wijth the precinct or ward in which each of such 
persons resides set opposite the name of such persons and 
shall also file a like list in the office of the Secretary of 
State. The Judge of Probate shall, on or before the first 
day of March, nineteen hundred and three, or as soon 
thereafter as practicable, cause to be made from such 
list in duplicate, in the books furnished by the Secre¬ 
tary of State, an alphabetical list by precincts of the 
persons, shown by the list of the registrars to have been 
registered in the county, and shall file one of such alpha¬ 
betical lists in the office of the Secretary of State; for 
which services by the Judges of Probate compensation 
shall be provided by the Legislature. The Judges of Pro¬ 
bate shall keep both the original list filed by the regis¬ 
trars and the alphabetical list made therefrom as rec¬ 
ords in the office of the Judge of Probate of the county. 
Unless he shall become disqualified under the provisions 
of this article, any one who shall register prior to 
the first day of January, nineteen hundred land three, 
shall remain an elector during life, and shall 
not be required to register again unless lie changes his 
residence, in which event he may register again on pro¬ 
duction of his certificate. The certificate of the regis¬ 
trars or of the Judge of Probate or of the Secretary of 
State shall be sufficient evidence to establish the fact of 
such life registration. Such certificate shall be issued 
free of charge to the elector, and the Legislature shall 
provide by law for the renewal of such certificate when 
lost, mutilated or destroyed. 

188. From and after the first day of January, nine¬ 
teen hundred and three, any applicant for registration 


52 


may be required to state under oath, to be administered 
bv the registrar or by any person authorized by law to 
administer oaths, where he lived during the five years 
next preceding the time at which he applies to register, 
and the name or names by which he was known during 
that period, and the name of his employer or employers, 
if any, during such period. Any applicant for registra¬ 
tion who refuses to state such facts, or any of them, shall 
not be entitled to register, and any person so offering 
to register, who wilfully makes a false statement in re¬ 
gard to such matters or any of them, shall be guilty of 
perjury, and upon conviction thereof shall be imprisoned 
in (the penitentiary for not less than one nor more than 

five years. 

«/ 

1S9. In the trial of any contested election, and in 
proceedings to investigate any election, and in criminal 
prosecutions for violations of the election laws, no per¬ 
son other ithan a defendant in such criminal prosecu¬ 
tions shall be allowed to withhold his testimony on the 
ground that he may criminate himself or subject him¬ 
self to public infamy; but such person shall not be pros¬ 
ecuted for any offense arising out of the transactions 
concerning which he testified, but may be prosecuted 
for perjury committed on such examination. 

190. The Legislature shall pass laws not inconsist¬ 
ent with this Constitution to regulate and govern elec¬ 
tions, and all such laws shall be uniform throughout 
the State; and shall provide by law for the manner of 
holding elections and of ascertaining the result of the 
same, and shall provide general registration laws not 
inconsistent with the provisions of this article, for the 
registration of all qualified electors from and after the 
first day of January, nineteen hundred and three. The 
Legislature shall also make provision by law, not in¬ 
consistent with this article, for the regulation of pri¬ 
mary elections, and for punishing frauds at the same, 
but shall not make primary elections compulsory. The 
Legislature shall by law provide for purging the reg¬ 
istration list of the names of those who die, become in¬ 
sane, or convicted of crime or otherwise disqualified as 
electors under the provisions of this Constitution, and of 
any names which may have been fraudulently entered on 
such list by the Registrars; provided, that a trial by jury 


may be had on the demand of any person whose name is 
proposed to be stricken from the list. 

191. It shall be the duty of the Legislature to pass 
adequate laws giving protection against the evils aris¬ 
ing from jthe use of intoxicating liquors at all elections. 

192. Electors shall in all cases, except treason, fel¬ 
ony or breach of the peace, be privileged from arrest 
during their attendance at elections, or while going to or 
retuming therefrom. 

193. Returns of elections for members of the Legis¬ 
lature and for all civil officers who are to be commis¬ 
sioned by the Governor, except the Attorney General, 
State Auditor, Secretary of State, State Treasurer, Su¬ 
perintendent of Education, and Commissioner of Agri¬ 
culture and Industries, shall be made to the Secretary of 
State. 

194. The poll tax mentioned in this article shall be 
one dollar and fifty cents upon each male inhabitant of 
the State, over the age of twenty-one years, and under 
the age of forty-five years, who would not now be ex¬ 
empt by law; but the Legislature is authorized to in¬ 
crease the maximum age fixed in this section to not more 
than sixty years. Such poll tax shall become due and 
payable on the first day of October in each year, and be¬ 
come delinquent on the first day of the next succeeding 
February, but no legal process, nor any fee or commis¬ 
sion shall be allowed for the collection thereof. The Tax 
Collector shall make returns of poll tax collections sepa¬ 
rate from other collections. 

195. Any person who shall pay the poll tax of an¬ 
other, or advance him money for that purpose in order 
to influence his vote, shall be guilty of bribery, and upon 
conviction therefor shall be imprisoned in the peniten¬ 
tiary for not less than one nor more than five years. 

196. If any section or subdivision of this article shall, 
for any reason, be or be held by any court of competent 
jurisdiction and of final resort to be, invalid, inoperative 
or void, the residue of this article shall not be thereby 
invalidated or affected. 



54 


ARTICLE IX. 

REPRESENTATION. 

197. The whole number of Senators shall be not less 
than one-fourth or more than one-third of the whole 
number of Representatives. 

198. The House of Representatives shall consist of 
not more than one hundred and five members, unless new 
counties shall be created, in which event each new county 
shall be entitled to one Representative. The members 
of the House of Representatives shall be apportioned 
by the Legislature among the several counties of the 
State, according to the number of inhabitants in them 
respectively, as ascertained by the decennial census of 
the United States, which apportionment when made shall 
not be subject to alteration until the next session of 
the Legislature after the next decennial census of the 
United States shall have been taken. 

199. It shall be the duty of the Legislature at its first 
session after the taking of the decennial census of the 
United States in the year nineteen hundred and ten, and 
after each subsequent decennial census, to fix by law the 
number of Representatives, and apportion them among 
the several counties of the State, according to the num¬ 
ber of inhabitants in them respectively; provided, that 
each county shall be entitled to at least one Representa¬ 
tive. 

200. It shall be the duty of the Legislature at its first 
session after taking of the decennial census of the 
United States in the year nineteen hundred and 
ten, and after each subsequent decennial census, 
to fix by law ’ the number of Senators and to 
divide the State into as many Senatorial dis¬ 
tricts as there are Senators, which districts shall 
be as nearly equal to each other in the number of 
inhabitants as may be, and each shall be entitled to one 
Senator, and no more; and such districts when formed 
shall not be changed until the next apportioning ses¬ 
sion of the Legislature, after the next decennial 
census of the United States shall have been taken; pro¬ 
vided, that counties created after the next preceding 
apportioning session of the Legislature may be attached 


to Senatorial districts. No county shall he divided be¬ 
tween two districts, and no district shall be made up of 
two or more counties not contiguous to each other. 

^ 201. Should any decennial census of the United 
States not be taken, or if when taken the same, as to 
this State be not full and satisfactory, the Legislature 
shall have power at its first session after the time shall 
have elapsed for the taking of said census, to provide for 
an enumeration of all the inhabitants of this State, upon 
which it shall be the duty of the Legislature to make the 
apportionment of Representatives and Senators as pro¬ 
vided for in this article. 

202. Until the Legislature shall make an apportion¬ 
ment of Representatives among the several counties, as 
provided in the preceding section, the counties of Au¬ 
tauga, Baldwin, Bibb, Blount, Cherokee, Chilton, Choc¬ 
taw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, 
Covington, Crenshaw, Cullman, Dale, DeKalb, Escam¬ 
bia, Fayette, Franklin, Geneva, Greene, Lamar, Law¬ 
rence, Limestone, Macon, Morion, Marshall, Monroe, 
Pickens, Randolph, St. Clair, Shelby, Washington, and 
Winston, shall each have one Representative; the coun¬ 
ties of Barbour, Bullock, Butler, Calhoun, Chambers, 
Clarke, Elmore, Etowah, Hale, Henry, Jackson, Lau¬ 
derdale, Lee, Lowndes, Madison, Marengo, Morgan, 
Perry, Pike, Russell, Sumter, Talladega, Tallapoosa, 
Tuscaloosa, Walker and Wilcox shall each have two 
Representatives: the counties of Dallas and Mobile 
shall each have three Representatives; the county of 
Montgomery shall have four Representatives; and the 
county of Jefferson shall have seven Representatives. 

203. Until the Legislature shall divide the State into 
Senatorial districts, as herein provided, the Senatorial 
districts shall be as follows: 

First district, Lauderdale and Limestone; Second 
district, Lawrence and Morgan; Third district, Blount, 
Cullman and Winston; Fourth district, Madison; Fifth 
district, Jackson and Marshall; Sixth district, Etowah 
and St. Clair; Seventh district, Calhoun; Eighth dis-. 
trict, Talladega; Ninth district, Chambers and Ram 
dolph; Tenth district, Tallapoosa and Elmore; Eleventh 
district, Tuscaloosa; Twelfth district, Fayette, Lamar 
and Walker; Thirteenth district, Jefferson; Fourteenth 


56 


district, Pickens and Sumter; Fifteenth district, Au¬ 
tauga, Chilton and Shelby; Sixteenth district, Lowndes; 
Seventeenth district, Butler, Conecuh and Covington; 
Eighteenth district, Bibb and Perry; Nineteenth dis¬ 
trict, Choctaw, Clarke and Washington; Twentieth dis¬ 
trict, Marengo; Twenty-first district, Baldwin, Escam¬ 
bia and Monroe; Twenty-second district, Wilcox; Twen¬ 
ty-third district, Dale and Geneva; Twenty-fourth dis¬ 
trict, Barbour; Twenty-fifth district, Coffee, Crenshaw, 
and Pike; Twenty-sixth district, Bullock and Macon; 
Twenty-seventh district, Lee and Russell ; Twenty-eighth 
district, Montgomery; Twenty-ninth district, Cherokee 
and DeKalb; Thirtieth district, Dallas; Thirty-first dis¬ 
trict, Colbert, Franklin and Marion; Thirty-second 
district, Greene and Hale; Thirty-third district, Mobile; 
Thirty-fourth district, Cleburne, Clay and Coosa; Thir¬ 
ty-fifth district, Henry. 

ARTICLE V. 


EXEMPTIONS. 


204. The personal property of any resident of this 
State to the value of one thousand dollars, to be selected 
Iby such resident, shall be exempt from sale or execution, 
or other process of any court, issued for the collection 
of any debt contracted since the thirteenth day of July, 
eighteen hundred and sixty-eight or after the ratification 
of this Constitution. 

205. Every homestead, not exceeding eighty acres, 
and the dwelling and appurtenances thereon, to be se¬ 
lected by the owner thereof, and not in any city, town or 
village, or in lieu thereof, at the option of the owner, any 
lot in a city, town or village, with the dwelling and ap¬ 
purtenances thereon owned and occupied by any resi¬ 
dent of this State, and not exceeding the value of two 
thousand dollars, shall be exempt from sale on execu¬ 
tion or any other process from a court; for any debt 
contracted since the thirteenth day of July, eighteen 
hundred and sixty-eight, or after the ratification of 
this Constitution. Such exemption, however, shall not 
extend to any mortgage lawfully obtained, but such 
mortgage, or other 'alienation of said homestead by the 


57 


owner thereof, if a married man, shall not be valid with¬ 
out the voluntary signature and assent of the wife to 
the same. 

206. The homestead of a family, after the death of 
the owner thereof, shall be exempt from the payment 
of any debts contracted since the thirteenth day of July, 
eighteen hundred and sixty-eight, or after the ratifica¬ 
tion of this Constitution, in all cases, during the mi¬ 
nority of the children. 

207. The provisions of Sections 204 and 205 of This 
Constitution shall not be so construed as to prevent a 
laborers’ lien for work done and performed for the person 
claiming such exemption, or a mechanics’ lien for work 
done on the premises. 

208. If the owner of a. homestead die, leaving a 
widow, but no children, such homestead shall be exempt, 
and the rents and profits thereof shall inure to her ben¬ 
efit. 

209. The real and personal property of any female 
in this State, acquired before marriage, and all prop¬ 
erty, real and personal, to which she may afterwards be 
entitled by gift, grant, inheritance or devise, shall be 
and remain the separate estate and property of such 
female, and shall not be liable for any debts, obligations 
or engagements of her husband, and may be devised or 
bequeathed by her, the same as if she were a feme sole. 

210. The right of exemption hereinbefore secured 
may be waived by an instrument in writing, and when 
such waiver relates to realty, the instrument must be 
signed bv both the husband and the wife, and attested 
by one witness. 


ARTICLE XI. 

TAXATION. 

211. All taxes levied on property in this State shall 
be assessed in exact proportion to the value of such 
property, |but no tax shall be assessed upon any debt 
for rent or hire of real or personal property, while owned 
by the landlord or hirer during the current year of such 


58 


rental or hire, if such real or personal property be as¬ 
sessed at its full value. 

212. The power to levy taxes shall not be delegated 
to individuals or private corporations or associations. 

213. After the ratification of this Constitution, no 
new debt shall be created against, or incurred by this 
State, or its authority, except to repel invasion or sup¬ 
press insurrection, and then only by a concurrence of 
two-thirds of the members of each House of the Legisla¬ 
ture and the vote shall be taken by yeas and nays 
and entered on the Journals; and any act creating or 
incurring any new debt against this State, except as 
herein provided for, shall be absolutely void; provided, 
the Governor may be authorized to negotiate tempor¬ 
ary loans, never to exceed three hundred thousand 
dollars, to meet the deficiencies in the Treasury, and 
until the same is paid no new loan shall be negotiated; 
provided further, that this section shall not be so con¬ 
strued as to prevent the issuance of bonds for the pur¬ 
pose of refunding the existing bonded indebtedness of 
the State. 

214. The Legislature | shall not have the power to 
levy in any one year a greater rate of taxation than 
|sixty-five (one-hundredths of one per centum on the value 
of the taxable property within this State. 

215. No countv in this State shall be authorized to 
levy a greater rate of taxation in any one year on the 
value of the taxable propertv therein than one-half of 
one per centum; provided, that to pay debts existing 
on the sixth dav of December, eighteen hundred and 
seventy-five, an additional rate of one-fourth of one per 
centum may be levied and collected which shall be ap¬ 
propriated exclusively to the payment of such debts and 
the interest thereon; provided further, that to pay any 
debt or liability now existing against any county, incur¬ 
red for the erection, construction, or maintenance of the 
necessary public buildings or bridges, or that may here¬ 
after be created for the erection of necessary public 
buildings, bridges or roads, any county may levy and 
collect such special taxes, not to exceed one-fourth of 
one per centum, as may have been or may hereaftr be 


59 


authorized by law, which taxes so levied and collected 
shall be applied exclusively to the purposes for which 
the same were so levied and collected. 

216. No city, town, village or other municipal cor¬ 
poration, other than as provided in this article, shall 
levy or collect a higher rate of taxation in any one year 
on the property situated therein than one-lialf of one 
per centum of the value of such property as assessed for 
State taxation during the preceding year; provided, that 
for the purpose of paying debts existing on the sixth day 
of December, eighteen hundred and seventy-five, and the 
interest thereon, a tax of one per centum may be levied 
and collected, to be appropriated exclusively to the pay¬ 
ment of such indebtedness; and provided further, that 
this section shall not apply to the city of Mobile, which 
city may from and after the ratification of this Consti¬ 
tution levy a tax not to exceed the rate of three-fourths 
' of one per centum to pay the expenses of the city govern¬ 
ment, and may also levy a tax not to exceed three-fourths 
of one per centum to pay the debt existing on the sixth 
day of December, eighteen hundred and seventy-five, 
with interest thereon, or any renewal of such debt; /and 
provided further, that this section shall not apply to the 
cities of Birmingham, Huntsville and Bessemer, and the 
town of Andalusia, which cities and town may lew and 
collect a tax not to exceed one-half of one per centum 
in addition to the tax of one-half of one per centum as 
hereinbefore allowed to be levied and collected, such 
special tax to be applied exclusively to the paymnt of 
interest on bonds of said cities of Birmingham, Hunts¬ 
ville and Bessemer and town of Andalusia, respectively, 
heretofore issued in pursuance of law, or now authorized 
by law to be issued, and for a sinking fund to pay off 
said bonds at the maturity thereof; and provided further, 
that this section shall not apply to the city of Montgom¬ 
ery, which city shall have the right to levy and collect a 
tax of not exceeding one-half of one per centum per 
annum upon the value of the taxable property therein, as 
fixed for State taxation, for general purposes, and an 
additional tax of not exceeding, three-fourths of one per 
centum per annum upon the value of the property there¬ 
in, as fixed for State taxation, to be devoted exclusively 
to the payment of its public debt, interest thereon, and 


60 


renewals thereof, and to the maintenance of its public 
.schools, and public conveniences; and provided further, 
that ithis section shall not apply to Troy, Attalla, 
Gadsden, Woodlawn, Brewton, Pratt City, Ensley, Wy- 
lam and Avondale, which cities and towns may from 
and after the ratification of this Constitution, levy and 
collect an additional tax of not exceeding one-half of 
one per centum; and provided further, that this sec¬ 
tion shall not apply to the cities of Decatur, New De¬ 
catur and Cullman, which cities may from and after 
jthe ratification of this Constitution, levy and collect an 
additional tax of not exceeding three-tenths of one per 
•centum per annum; such special tax of said city of De¬ 
catur to be applied exclusively for the public schools, 
public school buildings, and public improvements; and 
such special tax of New Decatur and Cullman to be ap¬ 
plied exclusively for educational purposes, and to be ex¬ 
pended under their respective Boards of Public School 
Trustees; but this additional tax shall not be levied by 
Trov, Attalla, Gadsden, Woodlawn, Brewton, Pratt 
City, Ensley, Wylam, Avondale, Decatur, New Decatur 
•or Cullman unless authorized by a majority vote of the 
qualified electors voting at a special election held for 
the purpose of ascertaining whether or not said tax 
shall be levied; and provided further, that the pur¬ 
poses for which such special tax is sought to be levied 
•shall be stated in such election call, and, if author¬ 
ized, the revenue derived from such special tax shall 
be used for no other purpose than that stated; and 
provided further, that the additional tax authorized to 
be levied by the city of Troy, when so levied and col¬ 
lected, shall be used exclusively in the payment of the 
bonds and interest coupons thereon, hereafter issued in 
the adjustment of the present bonded indebtedness of 
said city; and provided further, that the additional tax 
authorized to be levied and collected by the city of At¬ 
talla shall, when so levied and collected, be used ex¬ 
clusively in the payment of bonds to the amount of not 
exceeding twenty-five thousand dollars and the inter¬ 
est coupons thereon, hereafter to be issued in the ad¬ 
justment of the present indebtedness of said city; pro¬ 
vided, further, that the governing boards of said cities, 
which are authorized to levy an additional tax after 
the holding of an election as aforesaid, are hereby au- 


61 


tliorized to provide by ordinance the necessary ma¬ 
chinery for the holding of said election and declaring 
the result thereof. 

217. The property of private corporations, associ¬ 
ations and individuals of this State shall forever be 
taxed at the same rate; provided, this section shall not 
apply to institutions devoted exclusively to religious,, 
educational or charitable purposes. 

218. The Legislature shall not have the power to- 
require counties or other municipal corporations to 
pay any charges which are now payable out of the State- 
Treasury. 

219. The Legislature may levy a tax of not more 
than two and one-half per centum of the value of all 
estates, real and personal, money, public and private- 
securities of every kind in this State, passing from any 
person who may die seized and possessed thereof, or 
of any part of such estate, money or securities, or in¬ 
terest therein, transferred by the intestate laws of this 
State, or by will, deed, grant, bargain, sale or gift, made 
or intended to take effect in possession after death of 
the grantor, devisor, or donor, to any person or persons, 
bodies politic or corporate, in trust or otherwise, other 
than to or for the use of the father, mother, husband, 
wife, brothers, sisters, children or lineal descendants* 
of the grantor, devisor, donor or intestate. 

ARTICLE XII. 

CORPORATIONS 
MUNICIPAL CORPORATIONS. 

220. No person, firm, association or corporaition shall 
be authorized or permitted to use the streets, avenues, 
alleys or public places of any city, town or village for 
the construction or operation of any public utility or 
private enterprise, without first obtaining the consent 
of the proper authorities of such city, town or village. 

221. The Legislature shall not enact any law which 
will permit any person, firm, corporation or associa¬ 
tion to pay a privilege, license or other tax to the 
State of Alabama, and relieve him or it from the pay¬ 
ment of all other privilege and license taxes in the 
State. 


62 


222. The Legislature, after the ratification of this 
'Constitution, shall have authority to pass general laws 
authorizing the counties, cities, towns, villages, districts 
or other political subdivisions of counties to issue bonds, 
but no bonds shall be issued under authority of a 
general law unless such issue of bonds be first authorized 
by a majority vote by ballot of the qualified voters of 
such county, city, town, village, district, or other po¬ 
litical subdivision of a county, voting upon such propo¬ 
sition. The ballot used at such election shall contain the 

words “For.bond issue,” and “Against. 

.bond issue,” (the character of the bond to be 

shown in the blank space), and the voter shall indicate 
his choice by placing a cross mark before or after the 
one or the other. This section shall not apply to the 
renewal, refunding, or reissue of bonds lawfully issued, 
nor to the issuance of bonds in cases where the same 
have been authorized by laws enacted prior to the ratifi¬ 
cation of this Constitution, nor shall this section apply 
to obligations incurred or bonds to be issued to procure 
means to pay for street and sidewalk improvements or 
sanitary or storm water sewers, the cost of which is 
to be assessed, in whole or in part, against the property 
abutting said improvements or drained by such sani¬ 
tary or storm water sewers. 

/223. No city, town or other municipality shall make 
any assessment for the cost of sidewalks or street pav¬ 
ing, or for the cost of the construction of any sewers 
against property abutting on such street or sidewalk 
so paved, or drained by such sewers, in excess of the in¬ 
creased value of such property by reason of the special 
benefits derived from such improvements. 

224. No county shall become indebted in an amount, 
including present indebtedness, greater than three and 
one-half per centum of the assessed value of the property 
therein; provided, this limitation shall not affect any 
existing indebtedness in excess of such three and one- 
half per centum, which has already been created or 
authorized by existing law to be created; provided, that 
any counity which has already incurred a debt exceed¬ 
ing three and one-half per centum of the assessed value 
of the property therein, shall be authorized to in¬ 
cur an indebtedness of one and a half per centum of the 
assessed value of such property in addition to the debt 
already existing. Nothing herein contained shall prevent 




63 


any county from issuing* bonds, or other obligations, to 
fund or refund any indebtedness now existing* or author¬ 
ized by existing laws to be created. 

225, No city, town or other municipal corporation 
having* a population of less than six thousand, except 
as hereafter provided, shall become indebted in 
an amount, including present indebtedness, ex¬ 
ceeding* five per centum of the assessed value of the 
property therein, except for the construction of or 
purchase of water works, gas or electric lighting 
plants, or sewerage, or for the improvement of streets, 
for which purposes an additional indebtedness not 
exceeding three per centum may be created; pro¬ 
vided, this limitation shall not affect any debt now 
authorized by law to be created, nor any temporary 
loans to be paid within one year, made in anticipation 
of the collection of taxes, not exceeding* one-fourth of 
the annual revenues of such city or town. All towns 
and cities having a population of six thousand or more, 
also Gadsden, Ensley, Decatur, and New Decatur, are 
hereby authorized to become indebted in an amount, 
including present indebtedness not exceeding* seven 
per centum of the assessed valuation of the property 
therein, provided that there shall not be included in 
the limitation of the indebtedness of such last described 
cities and towns the following classes of indebtedness, 
to-wit: temporary loans, to be paid within one year, 
made in anticipation of the collection of taxes, and 
not exceeding one-fourth of the general revenues, 
bonds or other obligations already issued, or which 
may hereafter be issued for the purpose of acquir¬ 
ing, providing or constructing school houses, water 
works and sewers; and obligations incurred and bonds 
issued for street or sidewalk improvements, where the 
cost of the same, in whole or in part, is to be assessed 
against the property abutting said improvements; pro¬ 
vided, that the proceeds of all obligations issued as 
herein provided, in excess of said seven per centum shall 
not be used for any purpose other than that for which 
said obligations were issued. Nothing contained in this 
article shall prevent the funding or refunding of exist¬ 
ing indebtedness. This section shall not apply to the 
cities of Sheffield and Tuscumbia. 

226. No city, town or village, whose present indebt¬ 
edness exceeds the limitation imposed by this Constitu- 


64 


tion, shall be allowed to become indebted in any further 
amount, except as otherwise provided in this Consti- 
ftution, until such indebtedness shall be reduced within 
such limit; provided, however, that nothing herein con¬ 
tained shall prevent any municipality, except the city of 
Gadsden, from issuing bonds already authorized by law ;. 
provided, further, that this section shall not apply to 
the cities of Sheffield and Tuscumbia. 

227. Any person, firm, association or corporation, 
who may construct or operate any public utility along 
or across the public streets of any city, town or village,, 
under any privilege or franchise permitting such con¬ 
struction or operation, shall be liable to abutting pro¬ 
prietors for the actual damage done to the abutting 
property on account of such construction or operation. 

228. No city or town having a population of more 
than six thousand shall have authority to grant to any 
person, firm, corporation or association the right to use 
its streets, avenues, alleys or public places for the con¬ 
st]'action or operation of water works, gas works, tele¬ 
phone or telegraph line, electric light or power plants, 
steam or other heating plants, street railroads, or any 
other public utility, except railroads other than street 
railroads for a longer period than thirty years. 

229. The Legislature shall pass, no special act con¬ 
ferring corporate powers, but it shall pass general laws 
under which corporations may be organized and cor¬ 
porate powers obtained, subject, nevertheless, to repeal 
at the will of the Legislature; and shall pass general 
laws under which charters may be altered or amend¬ 
ed. The Legislature shall, by general law, provide for 
1 he payment to the State of Alabama of a franchise tax 
by ••orporations organized under the laws of this State, 
which shall be in proportion to the amount of capital 
stock; but strictly benevolent, educational or religious 
corporations shall not be required to pay such a tax. 
The charter of any corporation shall be subject to amend¬ 
ment, alteration or repeal under general laws. 

230. All existing charters, under which a bona fide 
organization shall not have taken place and business 
commenced in good faith within twelve months from 
the time of the ratification of this Constitution, shall 
thereafter have no validity. 


231. 


The Legislature shall not remit the forfeiture 


of the charter of any corporation now existing or alter 
or amend the same, nor pass any general or special law 
for the benefit of such corporation, other than in execu¬ 
tion of a trust created by law or by contract, except 
upon condition that such corporation shall thereafter 


hold its charter subject to the provisions of this Consti¬ 


tution. 


232. No foreign corporation shall do any business 
in this State without having at least one known place of 
business and an authorized agent or agents therein and 
without tiling with the Secretary of State a certified 
copy of its articles of incorporation or association. Such 
corporation may be sued in any county where it does 
business, by service of process upon an agent anywhere 
in the State. The Legislature shall, by general law, 
provide for the payment to the State of Alabama of a 
franchise tax by such corporation, but such franchise 
tax shall be based on the actual amount of capital em¬ 
ployed in this State. Strictly benevolent, educational, 
or religious corporations shall not be required to pay 
such a tax. 

223. No corporation shall engage in any business 
other than that expressly authorized in its charter or 
articles of incorporation. 

234. No corporation shall issue stocks or bonds ex¬ 
cept for money, labor done, or property actually re¬ 
ceived; and all fictitious increase of stock or indebt¬ 
edness shall be void. The stock and bonded indebt¬ 
edness of corporations shall not be increased except 
in pursuance of general laws, nor without the consent of 
the persons holding the larger amount in value of stock, 
first obtained at a meeting to be held after thirty days* 
notice, given in pursuance of law. 

235. Municipal and other corporations and individ¬ 
uals invested with the privilege of taking property for 
public use, shall make just compensation, to be ascer¬ 
tained as may be provided by law, for the property 
taken, injured or destroyed by the construction or en¬ 
largement of its works, highways or improvements, 
which compensation shall be paid before such taking, 
injury or destruction. The Legislature is hereby pro¬ 
hibited from denying the right of appeal from any 

5 


60 


preliminary assessment of damages against any such 
corporations or individuals made by viewers or other¬ 
wise, but such appeal shall not deprive those who 
have obtained the judgment of condemnation from a 
right of entry, provided the amount of damages assessed 
shall have been paid in to court in money, and a bond 
shall have been given in not less than double the amount 
of the damages assessed, with good and sufficient sure¬ 
ties, to pay such damages as the property owner may 
sustain; and the amount of damages in all cases of ap¬ 
peals shall on the demand of either party, be determined 
by a jury according to law. 

236. Dues from private corporations shall be se¬ 
cured by such means as may be prescribed by law; but 
in no case shall any stockholder be individually liable 
otherwise than far the unpaid stock owned by him or 
her. 

237. No corporation shall issue preferred stock 
without the consent of the owners of two-thirds of the 
stock of said corporation. 

238. The Legislature shall have the pOAver to alter, 
amend or revoke any charter of incorporation now ex¬ 
isting and revocable at the ratification of this Constitu¬ 
tion, or any that may be hereafter created, wheneA^er, in 
its opinion, such charter may be injurious to the citizens 
of this State, in such manner, hoAvever, that no injustice 
shall be done to the stockholders. 

239. Any association or corporation organized for 
the purpose, or any individual, shall have the right to 
construct and maintain lines of telegraph and telephone 
within this State, and connect the same with other lines; 
and the Legislature shall, by general laAV of uniform ope¬ 
ration, provide reasonable regulations to give full effect 
to this section. No telegraph or telephone company shall 
consolidate Avith or hold a controlling interest in the 
stock or bonds of any other telegraph or telephone com¬ 
pany owning a complete line, or acquire, by purchase 
or otherAvise, any other competing line of telegraph or 
telephone. 

240. All corporations shall have the right to sue, 
and shall be subject to be sued, in all courts in like 
cases as natural persons. 


67 


241. The term “'corporation,” as used in this arti¬ 
cle shall be construed to include all joint stock com¬ 
panies, and all associations haying any of the powers or 
privileges of corporations, not possessed by individuals 
or partnerships. 


RAILROADS AND CANALS. 

242. All railroads and canals not constructed and 
used exclusively for private purposes, shall be public 
highways, and all railroad and canal companies shall be 
common carriers. Any association or corporation or¬ 
ganized for the purpose shall have the right to construct 
and operate a railway between any points in this State, 
and connect at the State line, with railroads of other 
States. Every railroad company shall have the right 
with its road to intersect, connect with, or cross any 
other railroad, and each shall receive and transport the 
freight, passengers and cars, loaded or empty, of the 

others, without delay or discrimination. 

' «/ 

243. The power and authority of regulating railroad 
freight and passenger tariffs, the locating and build¬ 
ing of passenger and freight depots, correcting abuses, 
preventing unjust discrimination and. extortion and re¬ 
quiring reasonable and just rates of freight and passen¬ 
ger tariffs, are hereby conferred upon the Legislature, 
whose duty it shall be to pass laws from time 
to time regulating freight and passenger tariffs, to pro¬ 
hibit unjust discrimination on the various railroads, 
canals and rivers of the State, and to prohibit the charg¬ 
ing of other than just and reasonable rates and enforce 
the same by adequate penalties. 

244. No railroad or other transportation company 
or corporation shall grant free passes or sell tickets or 
passes at a discount, other than as sold to the public gen¬ 
erally, to any member of the Legislature or to any officer 
exercising judicial functions under the laws of this 
State; and any such member or officer receiving such a 
pass or ticket for himself, or procuring the same for an¬ 
other, shall be guilty of a misdemeanor, and, upon con¬ 
viction, shall be fined not exceeding five hundred dol¬ 
lars, and at the discretion of the court trying the case, 


in addition to such fine, may be imprisoned for a 
term not exceeding six months, and upon conviction, 
shall be subject to impeachment and removal from 
office. The courts having jurisdiction shall give this 
law specially in charge to the Grand Juries, and 
when the evidence is sufficient to authorize an indict¬ 
ment, the Grand Jury must present a true' bill. 
The Circuit Court or any court of like jurisdiction 
in any county into or through which such mem¬ 
ber or officer is transported bv the use of such pro¬ 
hibited pass or ticket, shall have jurisdiction of the case, 
provided only one prosecution shall be had for the same 
offense; and provided further, that the trial and judg¬ 
ment for one offense shall not bar a prosecution for an¬ 
other offense, when the same pass or ticket is used; and 
provided further, that nothing herein shall prevent a 
member of the Legislature who is a bona fide employe of 
a railroad or other transportation company or corpora¬ 
tion at the time of liis election, from accepting or pro¬ 
curing for himself or another, not a member of the Leg¬ 
islature, or officer exercising judicial functions, a free 
pass over the railroads or other transportation com¬ 
pany or corporation by which he is employed. 

245. No railroad company shall give or pay any 
rebate, or a bonus in the nature thereof, directly or in¬ 
directly, or do any act to mislead or deceive the public 
as to the real rates charged or received for freights or 
passage; and any such payments shall be illegal and 
void, and these prohibitions shall be enforced by suit¬ 
able penalties. 

24(3. No railroad, canal or transportation company 
in existence at the time of the ratification of this Con¬ 
stitution, shall have the benefit of any future legisla¬ 
tion by general or special laws other than in execu¬ 
tion of a trust created by law or contract, except on 
the condition of complete acceptance of all the pro¬ 
visions of this article. 

ARTICLE XIII. 

BANKS AND BANKING. 

247. The Legislature shall not have the power to 
establish or incorporate any bank or banking company 


69 


or moneyed institution for the purpose of issuing bills of 
credit or bills payable to order or bearer, except under 
the conditions prescribed in this Constitution. 

248. No bank shall be established otherwise than un¬ 
der a general banking law, nor other than upon a specie 
basis; provided, that any bank may be established with 
authority to issue bills to circulate as money in an 
amount equal to the face value of bonds of the United 
States, or of this State, convertible into specie at their 
face value, which shall, before such bank is authorized 
to issue its bills for circulation, be deposited with the 
State Treasurer, or other depository prescribed by law, 
in an amount equal to the aggregate of such proposed 
issue, with power in such treasurer or depository to dis¬ 
pose of any or all of such bonds for a sufficient amount 
of specie to redeem the circulating notes of such bank at 
any time and without delay, should such bank suspend 
specie payment or fail to redeem its notes on demand. 

249. All bills or notes issued as money shall be 
at all times redeemable in gold or silver, and no law 
shall be passed sanctioning directly or indirectly, the 
suspension by any bank or banking company of specie 
payment. 

250. Holders, of bank notes, and depositors who have 
not stipulated for interest, shall, for such notes and 
deposits, be entitled in case of insolvency, to prefer¬ 
ence of payment over all other creditors; provided, this 
section shall apply to all banks whether incorporated 
or not. 

251. Every bank or banking company shall be re¬ 
quired to cease all banking operations within twenty 
years from the time of its organization, unless the time 
be extended by law, and promptly thereafter close its 
business; but after it has closed its business it shall 
have corporate capacity to sue and shall be liable to 

' suits until its affairs and liabilities are fully closed. 

252. No bank shall receive, directly or indirectly, 
a greater rate of interest than shall be allowed by law 
to individuals for lending money. 

253. Neither the State nor any political subdivision 
thereof shall be a stockholder in any bank, nor shall 
the credit of the State or any political subdivision 


70 


thereof be given or lent jto any banking company, asso¬ 
ciation or corporation. 

254. The Legislature shall by appropriate laws pro¬ 
vide for the examination, by some public officer, of all 
banks and banking institutions and trust companies 
engaged in banking business in this State; and each 
of such banks and banking companies or institutions 
shall, through its president or such other officer as the 
Legislature may designate, make a report under oath 
of its resources and liabilities at least twice a year. 

225. The provisions of this article shall apply to all 
banks except National banks, and to all trust companies 
and individuals doing a banking business, whether in¬ 
corporated or not. 


ARTICLE XIV. 

EDUCATION. 

256. The Legislature shall establish, organize and 
maintain a liberal system of public schools throughout 
the State for the benefit of the children thereof between 
the ages of seven and twenty-one years. The public 
school fund shall be apportioned to the several counties 
in proportion to the number of school children of school 
age therein, and shall be so apportioned to the schools 
in the districts or townships in the counties as to pro¬ 
vide, as nearly as practicable, school terms of equal 
duration in such school districts or townships. Sepa¬ 
rate schools shall be provided for white and colored 
children, and no child of either race shall be permitted 
to attend a school of the other race. 

257. The principal of all funds arising from the 
sale or other disposition of lands or other property, 
which has been or may hereafter be granted or entrusted 
(to this State or given by the United States for educa- 
tional purposes shall be preserved inviolate and undi¬ 
minished; and the income arising therefrom shall be 
faithfully applied to the specific object of the original 
grants or appropriations. 

258. All lands or other property given by individ¬ 
uals, or appropriated by the State for educational pur¬ 
poses and all estates of deceased persons who die with- 


ouit leaving a will or heir shall be faithfully applied 
to the maintainance of the public schools. 

259. All poll taxes collected in this State shall be 
applied to the support of the public schools in the respec¬ 
tive counties where collected. 

260. The income arising from the Sixteenth Sec^ 
tion trust fund, the surplus revenue fund, until it is 
called for by the United States government, and the 
funds enumerated in Sections 257 and 258 of this Con¬ 
stitution, together with a special annual tax of thirty 
cents on each one hundred dollars of taxable property in 
this State, which the Legislature shall levy, shall be 
applied to the support and maintenance of the public 
schools, and it shall be the duty of the Legislature 
to increase the public school fund from time to time 
as the necessity therefor and the condition of the 
treasury and the resources of the State may justify; 
provided, that nothing herein contained shall be so con¬ 
strued as to authorize the Legislature to levy in any one 
year a. greater rate of State taxation for all purposes 
including schools, than sixty-five cents on each one hun- 
dred dollars worth of taxable property; and provided 
further, that nothing herein contained shall prevent the 
Legislature from first providing for the payment of the 
bonded indebtedness of the State and interest thereon 
out of all the revenues of the State. 

261. Not more than four per cent, of all moneys 
raised or which may hereafter be appropriated for the 
support of public schools, shall be used or expended oth¬ 
erwise than for the payment of teachers employed in 
such schools; provided, that the Legislature may, by 
a vote of two-thirds of each House, suspend the oper¬ 
ation of this section. 

262. The supervision of the public schools shall be 
vested in a Superintendent of Education, whose powers, 
duties and compensation shall be fixed by law. 

263. No money raised for the support of the public 
schools shall be appropriated to or used for the sup¬ 
port of any sectarian or denominational school. 

264. The State University shall be under the man¬ 
agement and control of a board of trustees, which shall 

o 

consist of two members from the Congressional district 
in which the University is located, one from each of the 


72 


other Congressional districts in the State, the Super¬ 
intendent of Education and the Governor, who shall be 
ex-officio president of the board. The members of the 
Board of Trustees as. now constituted shall hold office 
until their respective terms expire under existing law, 
and until their successors shall be elected and confirmed 
as hereinafter required. Successors to those trustees 
whose terms expire in nineteen hundred and two shall 
hold office until nineteen hundred and seven; successors 
to those trustees whose terms expire in nineteen hun¬ 
dred and four shall hold office until nineteen hundred 
and eleven; successors to those trustees whose terms ex¬ 
pire in nineteen hundred and six shall hold office until 
nineteen hundred and fifteen; and thereafter their 
successors, shall hold office for a term of twelve years. 
When the term of any member of such board shall 
expire, the remaining members of the board shall 
by secret ballot elect liis successor; provided, that 
any trustee so elected shall hold office from the date of 
his election until his confirmation or rejection by the 
^Senate, and, if confirmed, until the expiration of the 
term for which he was elected, and until his successor is 
elected. At every meeting of the Legislature the Su¬ 
perintendent of Education shall certify to the Senate 
the names of all who shall have been so elected since the 
last session of the Legislature, and the Senate shall con¬ 
firm or reject them, as it shall determine is for the best 
interest of the University. If it reject the names of any 
members, it shall thereupon elect trustees in the stead of 
those rejected. In case of a vacancy on said board by 
death or resignation of a member, or from any cause 
other than the expiration of his term of office, the board 
shall elect, his successor who shall hold office until the 
next session of the Legislature. No trustee shall receive 
any pay or emolument other than his actual expenses 
incurred in the discharge of his duties as such. 

265. After the ratification of this Constitution there 
shall be paid out of the treasury of this State at the time 
and in the manner provided by law, the sum of not less 
than thirty-six thousand dollars per annum as interest 
on the funds of the University of Alabama, heretofore 
covered into the treasury, for the maintenance and sup¬ 
port of said institution; provided, that the Legislature 


73 


shall have the power at any time they deem proper for 
the best interest of said University to abolish the mili¬ 
tary system at said institution, or reduce the said sys¬ 
tem to a department of instruction, and that such action 
on the part of the Legislature shall not cause any dimi¬ 
nution of the amount of the annual interest payable out 
of the treasury for the support and maintenance of said 
University. 

266. The Alabama Polytechnic Institute, formerly 
called the Agricultural and Mechanical College, shall 
be under the management and control of a Board of 
Trustees, which shall consist of two members from the 
Congressional district in which the institute is located, 
and one from each of the other Congressional districts 
in the State, the State Superintendent of Education and 
the Governor, who shall be ex-officio president of the 
board. The trustees shall be appointed by the Gov¬ 
ernor, by and with the advice and consent of the Senate, 
and shall hold office for a term of twelve years, and 
until their successors shall be appointed and qualified. 
The board shall be divided into three classes, as nearly 
equal as may be, so that one-third may be chosen quad- 
riennially. Vacancies oceuring in the office of trustees 
from death or resignation, and the vacancies regularly 
occurring in the year nineteen hundred and five shall 
be filled by the Governor, and such appointee shall hold 
office until the next meeting of the Legislature. Suc¬ 
cessors to those trustees whose terms expire in nineteen 
hundred and three shall hold office until nineteen hun¬ 
dred and eleven; successors to those whose terms ex¬ 
pire in nineteen hundred and five shall hold office until 
nineteen hundred and fifteen; and successors to those 
whose terms expire in nineteen hundred and seven 
shall hold office until nineteen hundred and nineteen. 
No trustee shall receive any pay or emolument other 
than ins actual expenses incurred in the discharge of 
his duties as such. 

267. The Legislature shall not have power to change 
the location of the State University, or the Alabama 
Polytechnic Institute, or the Alabama schools for the 
Deaf and the Blind, or the Alabama Girls 7 .Industrial 
school; as now established bv law, except upon a vote of 


74 


two-third® of the Legislature taken by yeas and nays 
and entered upon the Journals. 

268. The Legislature shall provide for taking a school 
census by townships and districts throughout the State 
not oftener than once in two years, and shall provide 
for the punishment of all persons or officers mak¬ 
ing false or fraudulent enumerations and returns; 
provided, the State Superintendent of Education may 
order and supervise the taking of a new census in 
any township, district or county, whenever he may have 
reasonable cause to believe that false or fraudulent re¬ 
turns have been made. 

269. The several counties in this State shall have 
power to levy and collect a special tax not ex¬ 
ceeding ten cents on each one hundred dollars of 
taxable property in such counties, for the support 
of public schools; provided, that the rate of such 
tax, the time it is to continue, and the purpose thereof, 
shall have been first submitted to a vote of the 
qualified electors of the county, and voted for by 
three-fifths of those voting at such election; but the 
rate of such special tax shall not increase the rate of 
taxation, State and county combined, in any one year, to 
more than one dollar and twenty-five cents on each one 
hundred dollars of taxable property; excluding, how¬ 
ever, all special county taxes for public buildings, 
roads, bridges, and the payment of debts existing at 
the ratification of the Constitution of eighteen hun¬ 
dred and seventy-five. The funds arising from sucn 
special school tax shall be so apportioned and paid 
through the proper school officials to the several 
schools in the townships and districts in the county 
that the school terms of the respective schools shall 
be extended by such supplement as nearly the same 
length of time as practicable; provided, that this sec¬ 
tion shall not apply to the cities of Decatur, New De¬ 
catur and Cullman. 

270. The provisions of this article and of anv act of 
the Legislature passed in pursuance thereof to es¬ 
tablish, organize and maintain a system of public 
schools throughout the State, shall apply to Mobile 
county only so far as to authorize and require the 
authorities designated by law to draw the portions of 


75 


the funds to which said county shall be entitled for 
school purposes and to make reports to the Superin¬ 
tendent of Education as may be prescribed by law; and 
all special incomes and powers of taxation as now 
authorized by law for the benefit of public schools in 
said county shall remain undisturbed until otherwise 
provided by the Legislature; provided, that separate 
schools for each race shall always be maintained by said 
school authorities. 


ARTICLE XV. 

MILITIA. 

271. The Legislature shall have power to declare 
who shall constitute the militia of the State, and 
to provide for organizing, arming and disciplining the 
same: and the Legislature may provide for the organi¬ 
zation of a Sjtate and Naval Militia. 

272. The Legislature, in providing for the organiza¬ 
tion, equipment and discipline of the militia, shall con¬ 
form as nearly as practicable to the regulations for the 
government of the armies of the United States. 

273. Each company and regiment shall elect its 
own company and regimental officers ; but if any com¬ 
pany or regiment shall neglect to elect such officers with¬ 
in the time prescribed by law, they may be appointed 
by the Governor. 

274. Volunteer organizations of infantry, cavalry, 
and artillerv and naval militia mav be formed in such 
manner and under such restrictions and with such privi¬ 
leges as may be provided by law. 

275. The militia and volunteer forces shall, in all 
cases, except treason, felony and breach of the peace, 
be privileged from arrest during their attendance at 
musters, parades and elections and in going to and <*•_- 
turning from the same. 

276. The Governor shall, with the advice and con¬ 
sent of the Senate, appoint all general officers, whose 
terms of office shall be four years. The Governor, 
the generals and regimental and batallion commander 
shall appoint their own staffs, as may be provided by 
law. 


76 


277. The Legislature shall provide for the safe¬ 
keeping of the arms, ammunition and accoutrements, 
and military records, banners and relics of the State. 

278. The officers and men of the militia and volun¬ 
teer forces shall not be entitled to or receive any pay, 
rations or emoluments when not in active service. 

ARTICLE XVI. 

OATH OF OFFICE. 

279. All members of the Legislature, and all officers, 
•executive and judicial, before they enter upon the exe¬ 
cution of the duties of their respective offices, shall take 
the following oath or affirmation: 

“I., solemnly swear (or affirm, as the -case 

may be), that I will support the Constitution of the 
United States, and the Constitution of the State of Ala¬ 
bama, so long as I continue a citizen thereof; and that 
I will faithfully and honestly discharge the duties of the 
office upon which I am about to enter, to the best of my 
ability. So help me God.” 

The oath may be administered by the presiding officer 
of either House of the Legislature, or by any officer 
authorized bv law to administer an oath. 


ARTICLE XVII. 


MISCELLANEOUS PROVISIONS. 


280. No person holding an office of profit under the 
United States, except postmasters, whose annual sal¬ 
aries do not exceed two hundred dollars, shall during 
his continuance in such office hold any office of profit 
under this State; nor, unless otherwise provided in this 
Constitution, shall any person hold two offices of profit 
at one and the same time under this State, except Jus¬ 
tices of the Peace, Constables, Notaries Public, and 
Commissioners of Deeds. 

281. The salary, fees or compensation of any officer 
liolding any civil office of profit under this State or any 
county or municipality thereof, shall not be increased 



or diminished during the term for which he shall have 
been elected or appointed. 

2b2. It is made the duty of the Legislature to en¬ 
act all laws necessary to give effect to the provisions 
of this Constitution. 

283. The act of the General Assembly of Alabama, 
entitled “An Act to consolidate and adjust the bonded 
debt of the State of Alabama,” approved February 18tli, 
1895, and an act amendatory thereof entitled “An act 
to amend Section 6 of an act to consolidate and adjust 
the bonded debt of the State of Alabama, approved Feb¬ 
ruary 18th, 1895,” which said last nhmed act was ap¬ 
proved February 16th, 1899, are hereby made valid, and 
both of said acts shall have, the full force and effect of 
law, except insofar as they authorize the redemption be¬ 
fore maturity of the bonds authorized by said acts to be 
issued. The Governor is authorized and empowered to 
act under the same and to carry out all the provisions 
thereof; provided, that the bonds authorized to be issued 
by said acts and issued thereunder may be made payable 
at any time, not exceeding fifty years from the date 
thereof, and shall not be redeemable until their ma¬ 
turity. 

ARTICLE XVIII. 

MODE OF AMENDING THE CONSTITUTION. 

284. Amendments may be proposed to this Consti¬ 
tution by the Legislature in the manner following: 
The proposed amendments shall be read in ; the House in 
which they originate on three several days, and if upon 
the third reading three-fifths of all the members elected 
to that House shall vote in favor thereof the proposed 
amendments shall be sent to the other House, in which 
they shall likewise be read on three several days, and if 
upon the third reading three-fifths of all the members 
elected to that House shall vote in favor of the proposed 
amendments, the Legislature shall order an election 
by the qualified electors of the State upon such pro¬ 
posed amendments, to be held either at the general 
election next succeeding the session of the Legislature at 
which the amendments are proposed or upon another day 


appointed by the Legislature not less than three months 
after the final adjournment of the session of the Legis¬ 
lature at which the amendments were proposed. 
Notice of such election, together with the proposed 
amendments, shall be given by proclamation of the 
Governor, which shall be published in every county 
in such manner as the Legislature shall direct, for 
at least eight successive weeks next preceding the day 
appointed for such election. On the day so appointed 
an election shall be held for the vote of the qualified 
electors of the State upon the proposed amendments. 
If such election be held on the day of the general elec¬ 
tion, the officers of such general election shall open a poll 
for the vote of the qualified electors upon the proposed 
amendments; if it be held on a day other than that 
of a general election, officers for such election shall be 
appointed; and the election shall be held in all things 
in accordance with the law governing general elections. 
In all elections upon such proposed amendments, the 
votes 'cast thereat shall be canvassed and tabulated, and 
returns thereof be made to the Secretary of State, and 
counted, in the same manner as in elections for Rep¬ 
resentatives to the Legislature; and if it shall there¬ 
upon appear that a majority of the qualified electors 
who voted at such election upon the proposed amend¬ 
ments voted in favor of the same, such amendments shall 
be valid to all intents and purposes as parts of this 
Constitution. The result of such election shall be made 
known by proclamation of the Governor. Representa¬ 
tion in the Legislature shall be based upon population, 
and such basis of representation shall not be changed 
by constitutional amendment. 

285. Upon the ballots used at all elections provided 
for in Section 284 of this Oonsttution the substance or 
subject matter of each proposed amendment shall be so 
printed that the nature thereof shall be clearly indicated. 
Following each proposed amendment on the ballot shall 
be printed the word “Yes” and immediately under 
that shall be printed the word “No.” The choice of the 
elector shall be indicated by a cross mark made by 
him or under his direction, opposite the word express¬ 
ing his desire, and no amendment shall be adopted 
unless it receives the affirmative vote of a majority 
of all the qualified electors who vote at such election. 


280. No convention shall hereafter be held for the 
purpose of altering or amending the Constitution of 
this Slate, unless after the Legislature by a vote of a 
majority of all the members elected to each House has 
passed an act or resolution calling a Convention for 
such purpose, the question of Convention or No Con¬ 
vention shall be first submitted to a vote of all the quali¬ 
fied electors of the State, and approved by a majority of 
those voting at such election. No act or resolution of the 
Legislature calling a convention for the purpose of 
altering or amending the Constitution of this State, 
shall be repealed except upon the vote of a majority of 
all the members elected to each House at the same ses¬ 
sion at which such act or resolution was passed; pro¬ 
vided, nothing herein contained shall be construed as re¬ 
stricting the jurisdiction and power of the Convention, 
when duly assembled in pursuance of this section, to es¬ 
tablish such ordinances and to do and perform such 
things as to the Convention may seem necessary or 
proper for the purpose of altering, revising or amending 
the existing Constitution. 

287. All votes of the Legislature upon proposed 
amendments to this Constitution, and upon bills or 
resolutions calling a Convention for the purpose of al¬ 
tering or amending the Constitution of this State, shall 
be taken by yeas and nays and entered on the Journals. 
No act or resolution of the Legislature passed in ac¬ 
cordance with the provisions of this article, proposing 
amendments to this Constitution, or calling a conven¬ 
tion for the purpose of altering or amending the Con¬ 
stitution of this State, shall be submitted for the ap¬ 
proval of the Governor, but shall be valid without his 
approval. 


SCHEDULE. 

In order that no injury or inconvenience may arise 
from (the alterations and amendments made by this Con¬ 
stitution to the existing Constitution of this State, and 
to carry this Constitution into effect, it is hereby or¬ 
dained and declared: 

1.—That all laws in force at the ratification of this 
Constitution and not inconsistent therewith, shall re- 


80 


main in full force until altered or repealed by the Legis¬ 
lature; and all rights, actions, prosecutions, claims and 
contracts of the State, counties, municipal corporations, 
individuals or bodies corporate, not inconsistent with 
this Constitution, shall continue to be valid as if this 
Constitution had not been ratified. 

2. —That all bonds executed by or to any officer of 
this State, all recognizances, obligations and all other 
instruments executed to this State, or to any subdivision 
or municipality thereof, before the ratification of this 
Constitution, and all fines, taxes, penalties and forfeit¬ 
ures due and owing to the State, or any subdivision or 
municipality thereof; and all writs, suits, prosecu¬ 
tions, claims and causes of action, except as herein 
otherwise provided, shall continue and remain unaffect¬ 
ed bv the ratification of this Constitution. All indict- 

e/ 

ments which have been found, or which may hereafter 
be found, for any crime or offense committed before the 
ratification of this Constitution, shall be proceeded upon 
in the same manner as if this Constitution had not been 
ratified. 

3. —That all the executive and judicial officers, and all 
other officers in this State, who were elected at the elec¬ 
tions held in this State on the first Monday in August, in 
the years eighteen hundred and ninety-eight and nine¬ 
teen hundred, or who have been appointed since that 
time, and all members of the present General Assem¬ 
bly, and all who may be hereafter elected members of 
the present General Assembly, and all other officers 
holding office at the time of the ratification of this Con¬ 
stitution shall, except as otherwise provided in this Con¬ 
stitution, continue in office and exercise the duties there¬ 
of until their respective terms shall expire, as provided 
by the Constitution of eighteen hundred and seventy- 
five, or the laws of this State. 

4. —This Constitution shall be submitted to the quali¬ 
fied electors of this State for ratification or rejection,, 
as authorized and required by an act of the General 
Assembly of this State, entitled, “an act to provide 
for holding a Convention to revise and amend the Con¬ 
stitution of this State,” approved the eleventh day of De¬ 
cember, nineteen hundred; and no elector shall be de¬ 
prived of his right to vote at the election to be held for 
such purpose by reason of his not being registered. 



81 


5.—That instead of the publication as required by 
the act to provide for holding a Convention to revise and 
amend the Constitution, approved the eleventh day of 
December, nineteen hundred, the Governor of this 
State is hereby authorized to take such steps as will 
give general publicity and circulation to this Constitu¬ 
tion in a manner as economical as practicable. 

G.—The salaries of the Executive and Judicial and 
all other officers of this State, who may be holding 
office at the time of the ratification of this Constitu¬ 
tion, and the payment of the present members of the 
General Assembly, shall not be affected by the provis¬ 
ions of this Constitution. 

Done by the people of Alabama, through their dele¬ 
gates in Convention assembled in the hall of the House 
of Representatives, at Montgomery, this, the third day 
of September, Anno Domini, nineteen hundred and one. 

John B. Knox, 
President. 

Attest: Frank N. Julian, Secretary. 

David C. Almon, 

W. A. Altman, 

John T. Ashcraft, 

W. H. Banks, 

J. H. Barefield, 

W. H. Bartlett, 

J. Robert Beavers, 

C. P. Beddow, 

D. S. Bethune, 

Samuel Blackwell, 

Burwell Boykin Boone, 

Leslie E. Brooks, 

Cecil Browne, 

Thomas L. Bulger, 

John D. Burnett, 

John F. Burns (1875-1901), 
John A. Byars, 

H. W. Cardon, 

A. H. Carmichael, 

M. S. Carmichael, 

G. H. Carnathan, 


82 


Davy Crockett Case, 

Reuben Chapman, 

James Edward Cobb, 

W. T. L. Cofer, 

Thomas W. Coleman, 

E. W. Coleman, 

Thomas J. Cornwell, 

B. H. Craig, 

R. M. Cunningham, 

John A. Davis, 

Hubert T. Davis, 

S. H. Dent, 

Ed. deGraffenried, 

Joseph B. Duke, 

B. T. Eley, 

John C. Eyster, 

T. M. Epsy, 

Charles VV. Ferguson, 

William C. Fitts, 

A. S. Fletcher, 

J. M. Foster, 

N. H. Freeman, 

J. A. Gilmore, 

William Franklin Glover, 
Edward A. Graham, 

Joseph B. Graham, 

L. W. Grant, 

John W. Grayson, 

Leonard F. Greer, Sr., 

Charles H. Greer, 

C. L. Haley, 

William A. Handley, 

Geo. P. Harrison (1875-1901). 
J. Thomas Heflin, 

John T. Heflin, 

Jere C. Henderson, 

Evans Hinson, 

Patrick W. Hodges, 

Oliver R. Hood, 

Wilson P. Howell, 

Augustin Clayton Howze, 

W. B. Inge, 

E. C. Jackson, 



83 


Samuel C. Jenkins, 

John 0. Jones, 

J. McLean Jones, 

Thomas G. Jones, 

Richard C. Jones, 

James T. Kirk, 

W. W. Kirkland, 

William N. Knight, 

R. B. Kyle, 

Emmett W. Ledbetter, 

Norville R. Leigh, Jr., 
Lawrence W. Locklin, 

Tennent Lomax, 

J. Lee Long, 

T. L. Long, 

Robert J. Lowe, 

William T. Lowe, 

Gordon Macdonald, 

B. F. McMillan, 

Lee McMillan, 

George H. Malone, 

J. T. Martin, 

J. C. Maxwell, 

Allen H. Merrill, 

Charles IL Miller, 

Joseph N. Miller, 

Milo Moody, 

W. O. Mulkey, 

Joel D. Mnrphree (1875-1901), 

C. C. NeSmith, 

J. D. Norman, 

Joseph Norwood, 

Win. C. Oates (1875-1901), 
Emmett O’Neal, 

John W. O’Neil, 

Henry Opp, 

Rufus A. O’Rear, 

Dabney Palmer, 

George H. Parker, 

John IT. Parker, Sr., 

James P. Pearce, 

Erie Pettus, 

E. A. Phillips, 


84 


Harry Pi Hans, 

P. H. Pitts, . 

John H. Porter, 

John Franklin Proctor, 

Henry Fontaine Reese (Dallas) 
N. P. Renfro, 

R. J. Reynolds, 

J. J. Robinson, 

C. P. Rogers, Sr., 

John Aduston Rogers of Sumter 
County, Ala. 

Wm. Hodges Samford, 

W. T. Sanders, 

John William Augustine 
Sanford, 

George A. Searcy, 

Henry C. Selheimer, 

James O. Sente 11, 

J. B. Sloan, Jr., 

Gregory L. Smith, 

Mac. A. Smith, 

Morgan M. Smith, 

M. Sollie, 

George A. Sorrell, 

Napoleon B. Spears, 

Robert E. Spragins, 

J. H. Stewart, 

W. IJ. Tayloe, 

J. F. Thompson, 

Watkins M. Vaughan, 

Boswell deGraffenried Waddell, 
Richard W. Walker, 

Thomas H. Watts, 

John B. Weakley, 

James Weather by, 

Frank S. White, 

W. W. Whiteside, 

Jere N. Williams, 

Gesner • Williams (Marengo), 
Arthur E. Williams, 

Massey Wilson, 

Edward P. Wilson, 

James J. Winn, 

E. R. Morrisette, 

E. D. Willett. 








